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United States v. Greeley

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


decided: December 14, 1972.

UNITED STATES OF AMERICA
v.
JOHN A. GREELEY, APPELLANT IN NO. 72-1376, AND RONALD F. GREELEY. APPEAL OF RONALD F. GREELEY, IN NO. 72-1377

Kalodner, Adams and Max Rosenn, Circuit Judges.

Author: Per Curiam

Opinion OF THE COURT

These appeals are from judgments of conviction entered by the District Court pursuant to jury verdicts finding the defendant-appellants guilty of possession of stolen goods, moving in interstate commerce, knowing them to have been stolen, in violation of 18 U.S.C.A. ยง 659.

On these appeals the appellants contend that the jury's verdicts were against the weight of the evidence and that acquittals should be directed. They also challenge as prejudicial error several of the trial judge's rulings on the admission of evidence and his instructions to the jury.

On review of the record we are of the opinion that the evidence adduced at the trial amply supported the jury's guilty verdicts and that the appellants' challenges to the trial judge's evidentiary rulings*fn1 and charge fail to demonstrate prejudicial error.

We do not subscribe to the contention of the appellant John Greeley that the trial judge abused his discretion in permitting the Government to crossexamine him, for impeachment purposes, with respect to his June 16, 1960 robbery conviction which resulted in his imprisonment until 1965. The contention is premised on two grounds: (1) remoteness of the conviction; and (2) its alleged prejudicial effect.

We need only say as to this contention, that we recently re-affirmed the rule in this Circuit that subject to certain limitations, inapplicable here, a felony conviction may be adduced to impeach the credibility of a witness. United States v. Gray, 468 F.2d 257 (decided October 3, 1972). Further, we have specifically held that a trial judge did not abuse his discretion in admitting, for impeachment purposes, evidence of a 10-year-old felony conviction of a witness. Wounick v. Hysmith, 423 F.2d 873 (1970).*fn2

For the reasons stated the judgments of conviction will be affirmed.


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