PEPITONE

v.

CALIFORNIA ET AL.

Citator

Cited By

• United States v. Loyd Ray Brazeal, 464 F.2d 1 (10th Cir. 1972)
  …proof that the vans were similar in color, make, and design. This is simply not enough. Tyler v. United States, 10 Cir., 323 F. 2d 711; United States v. Turner, 10 Cir., 421 F. 2d 252; Watkins v. United States, 5 Cir., 409 F. 2d 1382, cert. denied, 396 U. S. 921, 90 S.Ct. 252, 24 L.Ed.2d 202. The judgment is reversed and the ease is remanded to the district court for a determination of whether any additional evidence might be produced by the government to warrant a retrial. If not, a judgment of acquittal…
• United States v. Sroka, 621 F.2d 1012 (1st Cir. 1980)
  …r. 1970); Thompson v. United States, 334 F. 2d 207, 208-09 (5th Cir. 1964). To surmount this hurdle, courts have generally required some “common identifying characteristics,” Watkins v. United States, 409 F. 2d 1382, 1384 (5th Cir.), cert. denied, 396 U.S. 921, 90 S.Ct. 252, 24 L.Ed.2d 202 (1969), beyond the color, make and model of the car, or some other evidence that would support the factfinder’s conclusion that the two cars were in fact the same. See United States v. Smith, 493 F. 2d 24, 25 (5th Cir.)…
• United States v. Hines, 563 F.2d 737 (5th Cir. 1977)
  …18 U.S.C. §§ 2312, 2313. If the Government fails to establish that interstate character, it has failed to establish an essential element of the offense and reversal is required. Watkins v. United States, 409 F. 2d 1382 (5th Cir. 1969), cert. denied, 396 U.S. 921, 90 S.Ct. 252, 24 L.Ed.2d 202; Thompson v. United States, 334 F. 2d 207 (5th Cir. 1964); Tyler v. United States, 323 F. 2d 711 (10th Cir. 1963); Cox v. United States, 96 F. 2d 41 (8th Cir. 1938). It has been the consistent holding of this circuit t…