United States v. Ella Louise Forbes and Lillie Mae Berry

GARWOOD, Circuit Judge:

The jury convicted defendants-appellants Lillie Mae Berry and Ella Louise Forbes of acting together to intercept a government benefits check addressed to Forbes’ brother, Jackie Harrell, and to forge an endorsement on the check in an attempt to cash it. 18 U.S.C. §§ 2, 371, 495 & 1702. Both appellants argue that the prosecutor’s peremptory challenges to three black venirepersons violated their equal protection and Sixth Amendment rights; Forbes also asserts that there was insufficient evidence that she lacked authority to cash the check.

Facts and Proceedings Below

The…