United States v. Richard Earl Hodges

Richard Earl Hodges appeals from his conviction of misprision of felony, a violation of 18 U.S.C. § 4 . We affirm.

Hodges says it was error to receive evidence of statements testified to by a Mrs. Commons. These statements were not hearsay because they were not offered to prove the truth of the matter asserted in them. See Fed.R.Evid. 801(c).

The district court did not abuse its discretion in admitting over objection certain testimony concerning the physical condition of a child. Testimony of representations made by one William Hutchings was also admissible. See United States v. Butcher, 557 F.2d 666, 670 (9th Cir. 1977); Phillips v. United States, 356 F.2d 297, 301 (9th Cir. 1965).

Appellant also challenges the sufficiency of the evidence. In order to sustain a conviction for misprision of felony, it was necessary for the government to prove beyond a reasonable doubt that: (1) the principal had committed and completed the felony alleged, (2) the accused had full knowledge of that fact, (3) the accused failed to notify the authorities, and (4) the accused took an affirmative step to conceal the crime. United States v. King, 402 F.2d 694, 695 (9th Cir. 1968); Lancey v. United…