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UNITED STATES v. STRATTON

April 28, 1975

UNITED STATES of America
v.
Nathaniel STRATTON


Broderick, District Judge.


The opinion of the court was delivered by: BRODERICK

BRODERICK, District Judge.

 This matter comes before the Court on the defendant's Motion for a New Trial after a jury verdict of guilty on the one count charged in the indictment. The count upon which the defendant was found guilty was as follows:

 
COUNT I
 
THE GRAND JURY CHARGES:
 
On or about October 31, 1973, NATHANIEL STRATTON, did knowingly and wilfully and with unlawful and fraudulent intent transport and cause to be transported in interstate commerce from Philadelphia, State of Pennsylvania, in the Eastern District of Pennsylvania to Rochester, State of New York, a falsely made and forged security, to wit,
 
Check Number: lab 4705
 
Date: October 31, 1974
 
Amount: $93.47
 
Payee: Robert Carr
 
the said NATHANIEL STRATTON then knowing said security to have been falsely made and forged.
 
In violation of Title 18, United State Code, Sections 2314 and 2.

 The Government's theory at trial was that the defendant forged the endorsement of Robert Carr on the back of a Greenfield Construction Company check drawn on a bank located in Rochester, New York and cashed the check at a Sears and Roebuck store located in Northeast Philadelphia. At the trial of this case the following evidence was presented by the Government in support of its case. On February 22, 1974, F.B.I. Special Agent Frank A. Commander, who was assigned to investigate the theft of certain Greenfield Construction Company checks, interviewed the defendant. (N.T. 1-90, 1-91). After an initial denial of any knowledge of the theft of any Greenfield Construction Company checks, Agent Commander showed the defendant a Regiscope photograph taken at a Sears and Roebuck Company store, picturing the defendant in one portion of the photograph and a Greenfield Construction Company check in the other. After viewing the Regiscope photograph, the defendant, in response to a question from Agent Commander, stated that he had cashed "a couple" of Greenfield Construction Company checks. (N.T. 1-91). Agent Commander also testified that at a subsequent interview with the defendant he obtained court ordered handwriting samples from the defendant. (N.T. 1-91).

 The Government also introduced the Regiscope photograph which was displayed to the defendant by Agent Commander and which showed that a person looking like the defendant obtained cash for a Greenfield Construction Company check, dated October 31, 1973, in the amount of $93.47 in a Sears and Roebuck Company store in Northeast Philadelphia. (N.T. 1-43). The Government produced this check on which the signature of the Maker was Robert Consalvo and the signature of the endorser was Robert Carr. The stamps on the check revealed that the check had been cashed at the Northeast Philadelphia Sears and Roebuck Company store. (N.T. 1-41). A witness from the Lincoln First National Bank of Rochester, the bank at which the ...


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