United States v. John Louis Weems, United States of Am. v. Eugene Washington, 398 F.2d 274 (4th Cir. 1968). · Go Syfert
United States v. John Louis Weems, United States of Am. v. Eugene Washington, 398 F.2d 274 (4th Cir. 1968). Cases Citing This Book View Copy Cite
23 citation events (3 in the last 25 years) across 6 distinct courts.
Strongest positive: United States v. Juan Sandoval-Rodriguez (ca4, 2025-04-14)
Treatment trajectory · 1969 → 2026 · click a year to view as-of
1969 1997 2026
Top citers, strongest first. 9 distinct citers.
discussed Cited as authority (rule) United States v. Juan Sandoval-Rodriguez
4th Cir. · 2025 · confidence medium
And to facilitate parties’ ability to do so, this Court recognizes “narrative integrity” as a factor to consider while assessing a challenge under Rule 403, United States v. Miller, 61 F.4th 426, 429 (4th Cir. 2023) (quoting Old Chief v. United States, 519 U.S. 172, 183 (1997)), and in 9 USCA4 Appeal: 22-4330 Doc: 105 Filed: 04/14/2025 Pg: 10 of 14 the past has recognized that parts of the res gestae may be heard if the jury needs evidence of other crimes to understand the “full presentation” of the offense, United States v. Masters, 622 F.2d 83, 86 (4th Cir. 1980) (quoting United St…
discussed Cited as authority (rule) State v. Cox
Iowa · 2010 · confidence medium
Evidence of prior crimes against the same victim “ ‘furnishes part of the context of the crime’ or is necessary to a ‘full presentation’ of the case.” See United States v. Masters, 622 F.2d 83, 86 (4th Cir.1980) (quoting United States v. Smith, 446 F.2d 200, 204 (4th Cir.1971); United States v. Weems, 398 F.2d 274, 275 (4th Cir.1968)).
discussed Cited as authority (rule) State Of Iowa Vs. Matthew Earl Cox
Iowa · 2010 · confidence medium
Evidence of prior crimes against the same victim “ ‘furnishes part of the context of the crime’ or is necessary to a ‘full presentation’ of the case.” See United States v. Masters, 622 F.2d 83, 86 (4th Cir. 1980) (quoting United States v. Smith, 446 F.2d 200, 204 (4th Cir. 1971); United States v. Weems, 398 F.2d 274, 275 (4th Cir. 1968)).
discussed Cited as authority (rule) United States v. Alejandro Herrera
4th Cir. · 1990 · confidence medium
United States v. Weems, 398 F.2d 274, 275 (4th Cir.1968), cert. denied, 393 U.S. 1099 (1969) In United States v. Smith, this court stated: The decision in a particular case may be a difficult one, involving "balancing, on the one side, the actual need for the other-crimes-evidence in light of the issues and the other evidence available to the prosecution, the convincingness of the evidence that other crimes were committed and that the accused was the actor, and the strength or weakness of the other-crimes-evidence in supporting the issue, and on the other, the degree to which the jury will pro…
discussed Cited as authority (rule) State v. Edward Charles L. (2×)
W. Va. · 1990 · confidence medium
Specifically, the court reasoned that [o]ne of the accepted bases for the admissibility of evidence of other crimes arises when such evidence, ‘furnishes part of the context of the crime’ or is necessary to a ‘full presentation’ of the case, or is so intimately connected with and explanatory of the crime charged against the defendant and is so much a part of the setting of the case and its ‘environment’ that its proof is appropriate in order ‘to complete the story of the crime on trial by proving its immediate context or the ‘res gestae’ or the ‘uncharged offense is so link…
discussed Cited as authority (rule) United States v. Michael D. Williams
4th Cir. · 1973 · confidence medium
In United States v. Weems, 398 F.2d 274, 275-276 (4th Cir. 1968), we held that a “single statement by the prosecutor, in the course of his closing argument to the jury, to the effect that certain evidence and testimony was ‘uncontradicted and undisputed’ ” was not plain error.
cited Cited as authority (rule) United States v. Raymond Birch, United States of America v. Birsen N. Birch
4th Cir. · 1972 · confidence medium
United States v. Weems, 398 F.2d 274, 275 (4th Cir. 1968), cert. denied, 393 U.S. 1099 , 89 S.Ct. 894 , 21 L.Ed.2d 790 (1969).
discussed Cited "see" United States v. Clarence A. Clarke, United States of America v. Israel Pink, United States of America v. Sandra Walker Rodney
4th Cir. · 1992 · signal: see · confidence high
See United States v. Shackleford, 738 F.2d 776, 779 (7th Cir.1984) 4 Evidence is considered necessary and admissible where it is an essential part of the crimes at trial, see United States v. Masters, 622 F.2d 83, 86 (4th Cir.1980), where it "furnishes part of the context of the crime," United States v. Smith, 446 F.2d 200, 204 (4th Cir.1971), or where it is necessary to a "full presentation" of the case, United States v. Weems, 398 F.2d 274, 275 (4th Cir.1968), cert. denied, 393 U.S. 1099 (1969)
cited Cited "see" United States v. Claude Weldon Truslow, A/K/A 'Gene'
unknown court · 1975 · signal: see · confidence high
See, for example, United States v. Weems, 398 F.2d 274 (4th Cir. 1968); United States v. Frazier, 418 F.2d 854 (4th Cir. 1969).
UNITED STATES of America, Appellee,
v.
John Louis WEEMS, Appellant; UNITED STATES of America, Appellee, v. Eugene WASHINGTON, Appellant
11863, 11872.
Court of Appeals for the Fourth Circuit.
Jul 16, 1968.
398 F.2d 274
James G. Beach, Jr., Baltimore, Md., Court-appointed counsel, for appellant, Weems., Laurence M. Katz, Baltimore, Md., Court-appointed counsel, for appellant, Washington., Nevett Steele, Jr., Asst. U. S. Atty. (Stephen H. Sachs, U. S. Atty., and Paul M. Rosenberg, Asst. U. S. Atty., on brief), for appellee.
Sobeloff, Boreman, Butzner.
Cited by 20 opinions  |  Published
SOBELOFF, Circuit Judge:

Appealing from their conviction for kidnaping, 18 U.S.C.A. § 1201(a), [1] defendants Washington and Weems raise two principal contentions for our consideration. They maintain that their cause was unduly prejudiced by references, both in the indictment and at trial, to an assault, rape and other criminal acts committed upon the victim of the kidnap which are claimed by the defendants to be irrelevant to the offense charged. Appellants further contend that the prosecutor, in his summation to the jury, improperly called attention[*275] to their failure to testify. We find no merit in either contention. [2]

The indictment charged that the accused knowingly kidnaped their victim for “immoral purposes” and that they “did rape, carnally know, beat, injure, bruise, and harm [her], and did not liberate her unharmed.” The defendants maintain that the purpose of the kidnap is immaterial' and, in light of United States v. Jackson, 390 U.S. 570, 88 S.Ct. 1209, 20 L.Ed.2d 138 (1968), that evidence of any harm sustained during the period of forced detention is irrelevant on the issue of guilt. From this premise they reason that the allegedly tainted language in the indictment, which came to the jury’s attention, and the evidence introduced in support thereof, worked prejudicially and constituted reversible error.

The answer is found in the statute itself which condemns the knowing transportation in interstate commerce of a person held against her will for “ransom or reward or otherwise.” This court has recognized that “[a]n indictment * * * for a statutory offense * * * may ordinarily be laid in the language of the statute, unless the statute omits an essential element of the offense or includes it only by implication.” United States v. Guthrie, 387 F.2d 569, 571 (4 Cir. 1967); 4 Barron, Federal Practice and Procedure § 1914 and 1964 Supp. § 1914 (Wright ed.). Furthermore, while we are aware of numerous cases permitting the introduction of evidence relating to the kidnaper’s motive, in order to show that the victim was held “for ransom or reward or otherwise,” for example, Reed v. United States, 364 F.2d 630, 633 (9 Cir. 1966); DeHerrera v. United States, 339 F.2d 587 (10 Cir. 1964); United States v. Varner, 283 F.2d 900 (7 Cir. 1961); Brooks v. United States, 199 F.2d 336 (4 Cir. 1956), we find no authority to support defendants’ proposition that the admission of such evidence might vitiate an otherwise valid conviction.

Moreover, evidence of the criminal acts occurring in the instant kidnap has independent significance of a highly relevant nature and was therefore properly admitted. Foremost, these acts are admissible to show that the victim was held against her will. Holden v. United States, 388 F.2d 240, 242 (1 Cir. 1968). Then too, certain indications of a rape, items found at the scene of the attack which were used by the victim to take care of her personal needs, were corroborative of the charge that the kidnapers had transported their victim interstate from Washington, D. C., to the District of Maryland. We are of the opinion, therefore, that these contemporaneous criminal acts were essential to a full presentation of the kidnaping offense. There is no reason to fragmentize the event under inquiry. These details are integral parts of the offense charged. See McCormick, Evidence § 157, p. 328 (1954).

The second ground of appeal concerns a single statement by the prosecutor, in the course of his closing argument to the jury, to the effect that certain evidence and testimony was “un[*276] contradicted and undisputed.” [3] Relying heavily on Griffin v. State of California, 380 U.S. 609, 85 S.Ct. 1229, 14 L.Ed. 2d 106 (1964), defendants argue that the challenged comment directed the jury’s attention to their failure to testify and thus trespassed upon their Fifth Amendment rights.

Defendants, however, registered no objection to the prosecutor’s argument. And in his charge, the trial judge fully and properly instructed the jury that it was to draw no inferences from defendants’ failure to testify. Significantly, no exception was taken to the charge, nor was there any request for additional instructions.

Had defense counsel promptly objected when the prosecutor made the ambiguous remark complained of, and had the judge been afforded an opportunity to rectify the possible harm but declined to do so, we would be confronted with a different case. On this record, however, in the absence of any objection, we are not called upon to rule whether, under the test enunciated by the Tenth Circuit, the “jury would naturally and necessarily take it to be a comment on the failure of the accused to testify.” Knowles v. United States, 224 F.2d 168, 170 (1955). Instead, we hold that such comment did not constitute plain error under 52(b) of the Federal Rules of Criminal Procedure. See United States v. Fabio, 394 F.2d 132 (4 Cir. 1968).

We are clearly of the view that in the present circumstances a reversal is not warranted. Without undertaking further to define the proper limits of argument, we take the occasion to admonish United States Attorneys in this circuit to observe the spirit of Griffin and to avoid jeopardizing otherwise certain convictions by arguments that border on forbidden ground. Experienced prosecutors find that avoiding the needless precipitation of issues with possibly constitutional dimensions promotes fairness to the accused and the effectiveness of their own efforts.

Appellant Weems raises a number of additional contentions which we have carefully considered and have found to be without merit.

The judgment of the District Court is

Affirmed.

1

. 18 U.S.C.A. § 1201(a) provides:

“Whoever knowingly transports in interstate or foreign commerce, any person who has been unlawfully seized, confined, inveigled, decoyed, kidnaped, abducted, or carried away and held for ransom or reward or otherwise, * * * shall be punished (1) by death if the kidnaped person has not been liberated unharmed, and if the verdict of the jury shall so recommend; or (2) by imprisonment for any term of years or for life, if the death penalty is not imposed.”
2

. At trial appellants also attacked the constitutionality of the Federal Kidnaping Act. They argued that by providing for the imposition of the death penalty only in those cases where the accused requested a jury, the statute effectively discouraged the exercise of that right.

However, in response to defendants’ motions to dismiss the indictment, the .Government agreed not to seek the death penalty and the court stated that it would not submit the question of capital punishment to the jury. Thus, defendants were in no way restrained from fully ex-erasing their constitutional rights. Subsequent to the filing of appellants’ briefs in this court, in which the same contention was made, the Supreme Court announced its decision in United States v. Jackson, 390 U.S. 570, 88 S.Ct. 1209, 20 L.Ed.2d 138 (1968). There the Court found the death penalty clause unconstitutional, but held that portion severable from the remainder of the statute, and upheld it as constitutional. At oral argument defendants conceded that Jackson is dispositive of this issue.

3

. The challenged portion of the prosecutor’s summation reads as follows: “The only issue is whether these [Washington and Weems] are the two individuals, and I say to you that from the evidence that you have heard, that you saw Mrs. Moore on the witness stand, you observed the manner in which she testified, you observed her demeanor. * * * The only evidence in the case [other than that presented on behalf of the co-defendant Weems to establish an alibi] is the testimony of Mrs. Moore, uncontradicted and undisputed, that these are the individuals that raped her and kidnapped her and ravished her.”