United States v. Duffy

454 F.2d 809 (5th Cir. 1972)

Facts

Duffy (D) was employed in an auto dealership in Florida. A car was taken in trade on a new car. The car was taken to the body shop where D worked, and both D and the car disappeared. The car was eventually found in California, and the unlucky 'owner' testified that he had received the vehicle from D. During trial, the defense stipulated to the authenticity of the fingerprints found on the car. D attempted to prove that he worked on the car but had not stolen it and had hitchhiked to California. A local police officer and F.B.I. agent then testified that the trunk of the stolen car contained two suitcases and found inside one of the suitcases was a white shirt with the laundry mark of DUF. D objected and asked that the government produce the shirt. D was overruled and was convicted. D appealed.