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United States v. Clotilda Calderon Rojas

UNITED STATES of America, Plaintiff-Appellee, v. Clotilda Calderon ROJAS, Defendant-Appellant

United States v. Rojas, 458 F.2d 1355 (9th Cir. 1972)
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Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
May 1, 1972
Docket
No. 71-2250
Judges
Koelsch, Kilkenny, Trask
Citations
458 F.2d 13551972 U.S. App. LEXIS 9840

Opinion — Per Curiam

PER CURIAM:

Appellant was tried and convicted in the district court, sitting without a jury, for misapplication of bank funds ( 18 U.S.C. § 656 ).

Appellant contends that the evidence was insufficient, in that it “did not exclude every hypothesis but guilt.” As this court held in Sablan v. Peo. of Guam, 434 F.2d 837, 839 (9th Cir. 1970), “[T]he proper test is not whether the evidence excludes every hypothesis except that of guilt, but rather, ‘whether the [trier of fact] could reasonably arrive at [its] conclusion’.” See United States v. Nelson, 419 F.2d 1237, 1243 (9th Cir. 1969). Although appellant’s testimony conflicted with that of prosecution witnesses, there was substantial evidence to support a finding of guilt. It was for the trial judge, as finder of fact, to assess the weight and credibility of the witnesses’ testimony. Rule 23, F.R.Crim.P.; Fernandez-Delgado v. United States, 368 F.2d 34 (9th Cir. 1966).

Nor did the trial court err in admitting into evidence testimony concerning a damaging admission made by appellant. The admission was made to a bank official, not a law enforcement officer, and the trial court specifically found, after hearing the parties, that the statement was voluntary.

Lastly, appellant argues that her admission was not corroborated. She is mistaken.

The judgment is affirmed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 3 in all; the most informative distinct ones are shown.

Cited by 15 cases

View all citing references →
1972: 11974: 21976: 11977: 21978: 11979: 21980: 11983: 11985: 12019: 22021: 119722026peak 1974 · 2

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
United States v. Nelson, 419 F.2d 1237 (9th Cir. 1969) 197
Fernandez-Delgado v. United States, 368 F.2d 34 (9th Cir. 1966) 20
Sablan v. People of the Territory of Guam, 434 F.2d 837 (9th Cir. 1970) 13

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