United States v. Gilliland

586 F.2d 1384 (10th Cir. 1978)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Police stopped D near Guymon, Oklahoma while he was driving a vehicle stolen a few hours earlier in Dumas, Texas. D claimed he did not steal the car, but bought it on approval from a purported car salesman in a bar in Oklahoma, with a portion of the consideration being repayment of a gambling debt owed by the salesman to D. D's stepson, Billy Tull, was a defense witness presented as one who had been present at the transfer and who had personally observed much of the paperwork in the exchange of title. Tull was asked on cross-examination whether D was the kind of man who would not steal cars or forge documents. Tull said no, and P introduced evidence over D’s objection of D’s criminal record of being convicted twice under the Dyer Act and for two other crimes for Forgery. These convictions were 14-34 years old. D took the stand and attempted to explain the prior convictions. D was convicted and appealed.