UNITED STATES OF AMERICA, APPELLEE,
v.
ARTHUR P. GILCHRIST, APPELLANT

2d Cir. | 1965-06-28
Nos. 542, Docket 29192
347 F.2d 715 United States Court of Appeals for the Second Circuit (1965) Positive Treatment
Cited by 4 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

The court held that the defendant's claims regarding unlawful arrest, lack of preliminary hearing, and insufficient indictment were without merit.


Facts & Procedural History

Arthur Gilchrist was convicted by a jury on three counts related to a stolen and forged U.S. Treasury check. The government's case heavily relied on t…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PER CURIAM:

PER CURIAM:

Arthur Gilchrist was indicted on three counts, one for possessing a letter (a federal tax refund check) known to have been stolen from the mails, and the other two for having forged and uttered a United States Treasurer’s check. After a jury trial, he was convicted on all counts. He now appeals pro se attacking the sufficiency of the evidence and claiming that his arrest was unlawful, that he received no preliminary hearing, and that the indictment was insufficiently informative as to the crimes charged.

The Government’s case rested largely on the testimony of Gilchrist’s accomplice, Dorothy Bertrán, with whom he had arranged identification papers and who actually presented the forged check for cashing. Her testimony was sufficient, if believed, to establish Gilchrist’s guilt on all three counts- — his possession of the stolen check and his aiding and abetting her in its forging and uttering. Most of Gilchrist’s points on appeal are merely arguments directed to possible inconsistencies in the Bertrán testimony, some based on extra-record informatio^___ which go to her credibility.

The illegal arrest claim has not been made before and is not open now. The same principle applies to appellant’s claim that he was not afforded a preliminary hearing which, in any event, was no longer required once the indictment was returned. Moreover, the alleged illegality would call only for exclusion of evidence seized or — on some occasions — • of oral statements made, of which there were none. As for the indictment, it charged in the statutory language with sufficient clarity and reference to the precise letter and check in question. That is sufficient.

Affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

Full citator, related cases, and AI research tools

Open in FLexlaw