John Allen Kendrick was born 18 Feb 1901 in Washington D.C. to Drury "Drew" Worth Kendrick (1858-) and Rosa Belle Barker (1860-1924). His father was a motorman.
His birth date has also been on documents as 17 Feb 1894 born in Virginia. I am inclined to use what the FBI states.
John was a harden criminal, he had been in Alcatraz twice and Leavenworth, before getting himself onto the FBI's 10 most wanted list.
Former Ten Most Wanted Fugitive #92: Due to an FBI investigation, Kendrick was arrested in Chicago, Illinois on December 2, 1955.
Occupations: Taxi driver, Chauffeur, Construction Worker, Painter, Steam Fitter, Tailor, Welder.
He was the youngest of 4 children:
Lillia R Kendrick 1886-
Alice Kendrick 1891-
Walter Gennell Kendrick 1895-1951
Wallace Johnson Kendrick 1899-1959
John Allen Kendrick, Appellant, v. United States of America, Appellee, 238 F.2d 34 (D.C. Cir. 1956)
Annotate this Case
US Court of Appeals for the District of Columbia Circuit - 238 F.2d 34 (D.C. Cir. 1956)Argued September 24, 1956
Decided October 18, 1956
Mr. T. Emmett McKenzie, Washington, D. C., for appellant.
Mr. E. Tillman Stirling, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., Edward P. Troxell, Principal Asst. U. S. Atty., and Lewis Carroll, Asst. U. S. Atty., were on the brief, for appellee. Mr. Nathan J. Paulson, Asst. U. S. Atty., also entered an appearance for appellee.
Before PRETTYMAN, WILBUR K. MILLER and WASHINGTON, Circuit Judges.
WILBUR K. MILLER, Circuit Judge.
John Allen Kendrick was found guilty by a jury in the United States District Court for the District of Columbia under two counts of an indictment, one of which accused him of assault with a deadly weapon, "that is, a loaded pistol," and the other charged that he "did carry openly and concealed a dangerous weapon, that is, a pistol, on or about his person without a license having been issued as provided by law." He was sentenced to imprisonment for from 3 to 9 years under the assault count. Under the count which charged carrying an unlicensed pistol, a sentence of from 2 to 8 years was imposed as authorized by the statute when, as here, the accused has previously been convicted of a felony.1 The sentences were made consecutive.
On this appeal Kendrick does not complain of his conviction under the assault count of the indictment, but only of the conviction of carrying an unlicensed pistol and the sentence imposed therefor. The latter offense, he says, was included in the assault count, since he was necessarily carrying the pistol when he shot the victim. Thus two offenses have been unlawfully carved out of a single act, he asserts, and he has been twice put in jeopardy for one offense.
The contention is untenable. A single act which violates two statutes is punishable under both, unless the offenses defined therein are identical. The test of identity is whether the same evidence will sustain both charges. If one of the offenses requires an element of proof which the other does not, a conviction of one does not bar prosecution for the other. See Green v. United States, D.C. Cir., 1956, 236 F.2d 708, and the cases there collected. To sustain the pistol-carrying count the Government had to prove the weapon Kendrick carried was unlicensed, but to sustain the assault charge that element of proof was unnecessary. Hence the appellant was not subjected to double jeopardy.
Kendrick argues that § 3204, which denounces the offense of carrying a pistol without a license to do so, is unconstitutional insofar as it permits the imposition of a greater penalty when the accused has been previously convicted, in that it violates the equal protection clause by providing different degrees of punishment for different persons for the same criminal act. The argument invokes the Fourteenth Amendment to the Constitution, which is not applicable in this jurisdiction.2 The somewhat similar Fifth Amendment, which is applicable in the District of Columbia, contains no equal protection clause and restrains only such discriminatory legislation by Congress as amounts to a denial of due process. Hirabayashi v. United States, 1943, 320 U.S. 81, 100, 63 S. Ct. 1375, 87 L. Ed. 1774; Detroit Bank v. United States, 1943, 317 U.S. 329, 337, 63 S. Ct. 297, 87 L. Ed. 304, and cases cited.
It is well established that a state legislature does not violate the equal protection provision of the Fourteenth Amendment in enacting statutes which impose a heavier penalty for second or subsequent offenses, since the fact of a prior conviction in such cases is considered as affording a reasonable basis for classification. The Supreme Court said in McDonald v. Massachusetts, 1901, 180 U.S. 311, 21 S. Ct. 389, 390, 45 L. Ed. 542, "It [the state habitual criminal statute under discussion] affects alike all persons similarly situated, and therefore does not deprive anyone of the equal protection of the laws." Graham v. West Virginia, 1912, 224 U.S. 616, 32 S. Ct. 583, 56 L. Ed. 917, and Carlesi v. New York, 1914, 233 U.S. 51, 34 S. Ct. 576, 58 L. Ed. 843, are to the same effect. It follows that, if § 3204, which classifies defendants in two groups — first and second or subsequent offenders — had been adopted by a state legislature, it would be upheld if the Fourteenth Amendment were invoked to annul it. If this latitude of classification is lawful for the states, it is lawful a fortiori in legislation by the Congress, which is subject to restraints less narrow and confining. Steward Machine Co. v. Davis, 1937, 301 U.S. 548, 584, 57 S. Ct. 883, 81 L. Ed. 1279.
The pistol-carrying count of the indictment did not allege Kendrick had been previously convicted of a similar offense or of a felony, and of course proof on that subject was not presented to the jury. After conviction and before sentence the Government filed an information alleging two prior convictions of assault with a dangerous weapon but introduced no proof concerning them. It is argued that this procedure did not meet the requirements of Jackson v. United States, 1955, 95 U.S.App.D.C. 328, 221 F.2d 883, where we held that the maximum term of imprisonment which may be imposed under § 3204 is one year unless the Government introduces evidence in the defendant's presence, at or before the time of sentence, which convinces the court that the defendant had theretofore been convicted of a similar violation or of a felony. The defendant is required to be present so he may, if he can, refute the evidence of previous conviction.
We observe that Kendrick took the stand in his own behalf and on cross-examination admitted he had been previously convicted in this jurisdiction in 1932 and again in 1947 of assault with a dangerous weapon, which is a felony. These were the same convictions that the Government described in its filed information. It also appeared that the trial judge had been the presiding judge at the trial in 1947. It is not suggested that defendant was denied his right of allocation, or that he was prepared to show he had not been previously convicted. In these circumstances the production of evidence after verdict and before sentence to show these previous convictions would have been an idle formality.
It is argued that the pistol-carrying count of the indictment was defective in that the conjunctive "and," instead of the statutory disjunctive "or," was used in charging that Kendrick "did carry openly and concealed a dangerous weapon." The point sought to be made is that the count charged an impossibility. There was, however, proof tending to show the weapon was concealed when Kendrick approached the scene of the shooting and then was produced and carried openly.
Affirmed.
1
Section 22-3204, D.C.Code (1951 Supp. IV) is as follows:
"No person shall within the District of Columbia carry either openly or concealed on or about his person, except in his dwelling house or place of business or on other land possessed by him, a pistol, without a license therefor issued as hereinafter provided, or any deadly or dangerous weapon capable of being so concealed. Whoever violates this section shall be punished as provided in section 22-3215, unless the violation occurs after he has been convicted in the District of Columbia of a violation of this section or of a felony, either in the District of Columbia or in another jurisdiction, in which case he shall be sentenced to imprisonment for not more than ten years."
Section 22-3215, D.C.Code (1951) is as follows:
"Any violation of any provision of this chapter for which no penalty is specifically provided shall be punished by a fine of not more than $1,000 or imprisonment for not more than one year, or both."
2
We said in Neild v. District of Columbia, 1940, 71 App.D.C. 306, 316-317, 110 F.2d 246, 256-257:
"* * * The Fourteenth Amendment is not applicable in the District of Columbia. To the extent that the privilege of `equal protection of the laws' exists in the District of Columbia it depends upon the due process clause of the Fifth Amendment and other provisions of the Constitution which are applicable to the federal government.
Springfield, Missouri
OccupationBank robber
Criminal penalty5-17 years imprisonment
Conviction(s): Assault with intent to kill
John Allen Kendrick (February 18, 1901 – January 20, 1960) was an American criminal, escape artist, bank robber and member of the Tri-State Gang whose career spanned four decades. He was listed on the FBI's Top Ten Most Wanted in late 1955, and was apprehended by the FBI that same year.
Biography
A longtime career criminal, John Allen Kendrick was first arrested by the Baltimore Police Department and charged with larceny and murder in May 1923. He was convicted of larceny and a reduced assault charge, sentenced to five years imprisonment, and released on December 24, 1928. Two years later, he was convicted on a concealed weapons charge and sentenced two two and a half years in February 1930. He escaped from prison on September 2, 1931, but was indicted six months later for shooting a police officer in Washington, DC and sentenced to ten years at the federal penitentiary in Lorton, Virginia.
On July 3, 1933, Kendrick escaped from the correctional facility and eventually joined up with the Tri-State Gang, a group of Depression-era bank robbers and stick-up men active in the Mid-Atlantic United States during the early to mid-1930s. The gang were responsible for countless robberies in Pennsylvania, Maryland, Virginia, North Carolina and Washington, DC.
In June 1934, Kendrick was arrested in Johnson City, Tennessee and returned to Lorton. He remained there for a brief time and transferred to Alcatraz, then to Leavenworth federal penitentiary in July 1941. He remained in Leavenworth for the rest of his sentence but, instead of being released, he was instead extradited to New Jersey to finish his original prison sentence for the 1930 weapons charge. He was finally released after being granted parole in June 1943.
Four years after his release, Kendrick was arrested for the murder of an underworld figure in Washington, DC in June 1947. Tried and convicted on December 10 of that year, he was sentenced to between 3 and 10 years in Leavenworth. He was paroled in March 1954 but arrested nine months later after being identified as the assailant of the man who had seriously wounded a Washington, DC resident after shooting the man in the throat. Indicted for the shooting in August 1955, he was charged with "unlawful flight to avoid prosecution" a month later and was officially added to the FBI's Top Ten Most Wanted on November 2.
Kendrick was tracked down by the FBI within a month and was arrested by federal agents in Chicago on December 5, 1955. He was apprehended without incident and extradited back to Washington, DC where he convicted and given a long jail sentence. Kendrick testified that he had been offered $2,500 to murder Michael Lee but declined the job because "when I got done paying taxes out of that, what would I have left?"
He died 20 Nov 1960 in Springfield, MO and buried in the Hazelwood Cemetery. His FAG Memorial is #38340979
He was never married and never in the armed forces.
This was the end of his long criminal career.
His birth date has also been on documents as 17 Feb 1894 born in Virginia. I am inclined to use what the FBI states.
John was a harden criminal, he had been in Alcatraz twice and Leavenworth, before getting himself onto the FBI's 10 most wanted list.
Former Ten Most Wanted Fugitive #92: Due to an FBI investigation, Kendrick was arrested in Chicago, Illinois on December 2, 1955.
Notice his Alias list
Occupations: Taxi driver, Chauffeur, Construction Worker, Painter, Steam Fitter, Tailor, Welder.
He was the youngest of 4 children:
Lillia R Kendrick 1886-
Alice Kendrick 1891-
Walter Gennell Kendrick 1895-1951
Wallace Johnson Kendrick 1899-1959
John Allen Kendrick, Appellant, v. United States of America, Appellee, 238 F.2d 34 (D.C. Cir. 1956)
Annotate this Case
US Court of Appeals for the District of Columbia Circuit - 238 F.2d 34 (D.C. Cir. 1956)Argued September 24, 1956
Decided October 18, 1956
Mr. T. Emmett McKenzie, Washington, D. C., for appellant.
Mr. E. Tillman Stirling, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., Edward P. Troxell, Principal Asst. U. S. Atty., and Lewis Carroll, Asst. U. S. Atty., were on the brief, for appellee. Mr. Nathan J. Paulson, Asst. U. S. Atty., also entered an appearance for appellee.
Before PRETTYMAN, WILBUR K. MILLER and WASHINGTON, Circuit Judges.
WILBUR K. MILLER, Circuit Judge.
John Allen Kendrick was found guilty by a jury in the United States District Court for the District of Columbia under two counts of an indictment, one of which accused him of assault with a deadly weapon, "that is, a loaded pistol," and the other charged that he "did carry openly and concealed a dangerous weapon, that is, a pistol, on or about his person without a license having been issued as provided by law." He was sentenced to imprisonment for from 3 to 9 years under the assault count. Under the count which charged carrying an unlicensed pistol, a sentence of from 2 to 8 years was imposed as authorized by the statute when, as here, the accused has previously been convicted of a felony.1 The sentences were made consecutive.
On this appeal Kendrick does not complain of his conviction under the assault count of the indictment, but only of the conviction of carrying an unlicensed pistol and the sentence imposed therefor. The latter offense, he says, was included in the assault count, since he was necessarily carrying the pistol when he shot the victim. Thus two offenses have been unlawfully carved out of a single act, he asserts, and he has been twice put in jeopardy for one offense.
The contention is untenable. A single act which violates two statutes is punishable under both, unless the offenses defined therein are identical. The test of identity is whether the same evidence will sustain both charges. If one of the offenses requires an element of proof which the other does not, a conviction of one does not bar prosecution for the other. See Green v. United States, D.C. Cir., 1956, 236 F.2d 708, and the cases there collected. To sustain the pistol-carrying count the Government had to prove the weapon Kendrick carried was unlicensed, but to sustain the assault charge that element of proof was unnecessary. Hence the appellant was not subjected to double jeopardy.
Kendrick argues that § 3204, which denounces the offense of carrying a pistol without a license to do so, is unconstitutional insofar as it permits the imposition of a greater penalty when the accused has been previously convicted, in that it violates the equal protection clause by providing different degrees of punishment for different persons for the same criminal act. The argument invokes the Fourteenth Amendment to the Constitution, which is not applicable in this jurisdiction.2 The somewhat similar Fifth Amendment, which is applicable in the District of Columbia, contains no equal protection clause and restrains only such discriminatory legislation by Congress as amounts to a denial of due process. Hirabayashi v. United States, 1943, 320 U.S. 81, 100, 63 S. Ct. 1375, 87 L. Ed. 1774; Detroit Bank v. United States, 1943, 317 U.S. 329, 337, 63 S. Ct. 297, 87 L. Ed. 304, and cases cited.
It is well established that a state legislature does not violate the equal protection provision of the Fourteenth Amendment in enacting statutes which impose a heavier penalty for second or subsequent offenses, since the fact of a prior conviction in such cases is considered as affording a reasonable basis for classification. The Supreme Court said in McDonald v. Massachusetts, 1901, 180 U.S. 311, 21 S. Ct. 389, 390, 45 L. Ed. 542, "It [the state habitual criminal statute under discussion] affects alike all persons similarly situated, and therefore does not deprive anyone of the equal protection of the laws." Graham v. West Virginia, 1912, 224 U.S. 616, 32 S. Ct. 583, 56 L. Ed. 917, and Carlesi v. New York, 1914, 233 U.S. 51, 34 S. Ct. 576, 58 L. Ed. 843, are to the same effect. It follows that, if § 3204, which classifies defendants in two groups — first and second or subsequent offenders — had been adopted by a state legislature, it would be upheld if the Fourteenth Amendment were invoked to annul it. If this latitude of classification is lawful for the states, it is lawful a fortiori in legislation by the Congress, which is subject to restraints less narrow and confining. Steward Machine Co. v. Davis, 1937, 301 U.S. 548, 584, 57 S. Ct. 883, 81 L. Ed. 1279.
The pistol-carrying count of the indictment did not allege Kendrick had been previously convicted of a similar offense or of a felony, and of course proof on that subject was not presented to the jury. After conviction and before sentence the Government filed an information alleging two prior convictions of assault with a dangerous weapon but introduced no proof concerning them. It is argued that this procedure did not meet the requirements of Jackson v. United States, 1955, 95 U.S.App.D.C. 328, 221 F.2d 883, where we held that the maximum term of imprisonment which may be imposed under § 3204 is one year unless the Government introduces evidence in the defendant's presence, at or before the time of sentence, which convinces the court that the defendant had theretofore been convicted of a similar violation or of a felony. The defendant is required to be present so he may, if he can, refute the evidence of previous conviction.
We observe that Kendrick took the stand in his own behalf and on cross-examination admitted he had been previously convicted in this jurisdiction in 1932 and again in 1947 of assault with a dangerous weapon, which is a felony. These were the same convictions that the Government described in its filed information. It also appeared that the trial judge had been the presiding judge at the trial in 1947. It is not suggested that defendant was denied his right of allocation, or that he was prepared to show he had not been previously convicted. In these circumstances the production of evidence after verdict and before sentence to show these previous convictions would have been an idle formality.
It is argued that the pistol-carrying count of the indictment was defective in that the conjunctive "and," instead of the statutory disjunctive "or," was used in charging that Kendrick "did carry openly and concealed a dangerous weapon." The point sought to be made is that the count charged an impossibility. There was, however, proof tending to show the weapon was concealed when Kendrick approached the scene of the shooting and then was produced and carried openly.
Affirmed.
1
Section 22-3204, D.C.Code (1951 Supp. IV) is as follows:
"No person shall within the District of Columbia carry either openly or concealed on or about his person, except in his dwelling house or place of business or on other land possessed by him, a pistol, without a license therefor issued as hereinafter provided, or any deadly or dangerous weapon capable of being so concealed. Whoever violates this section shall be punished as provided in section 22-3215, unless the violation occurs after he has been convicted in the District of Columbia of a violation of this section or of a felony, either in the District of Columbia or in another jurisdiction, in which case he shall be sentenced to imprisonment for not more than ten years."
Section 22-3215, D.C.Code (1951) is as follows:
"Any violation of any provision of this chapter for which no penalty is specifically provided shall be punished by a fine of not more than $1,000 or imprisonment for not more than one year, or both."
2
We said in Neild v. District of Columbia, 1940, 71 App.D.C. 306, 316-317, 110 F.2d 246, 256-257:
"* * * The Fourteenth Amendment is not applicable in the District of Columbia. To the extent that the privilege of `equal protection of the laws' exists in the District of Columbia it depends upon the due process clause of the Fifth Amendment and other provisions of the Constitution which are applicable to the federal government.
Springfield, Missouri
OccupationBank robber
Criminal penalty5-17 years imprisonment
Conviction(s): Assault with intent to kill
John Allen Kendrick (February 18, 1901 – January 20, 1960) was an American criminal, escape artist, bank robber and member of the Tri-State Gang whose career spanned four decades. He was listed on the FBI's Top Ten Most Wanted in late 1955, and was apprehended by the FBI that same year.
Biography
A longtime career criminal, John Allen Kendrick was first arrested by the Baltimore Police Department and charged with larceny and murder in May 1923. He was convicted of larceny and a reduced assault charge, sentenced to five years imprisonment, and released on December 24, 1928. Two years later, he was convicted on a concealed weapons charge and sentenced two two and a half years in February 1930. He escaped from prison on September 2, 1931, but was indicted six months later for shooting a police officer in Washington, DC and sentenced to ten years at the federal penitentiary in Lorton, Virginia.
On July 3, 1933, Kendrick escaped from the correctional facility and eventually joined up with the Tri-State Gang, a group of Depression-era bank robbers and stick-up men active in the Mid-Atlantic United States during the early to mid-1930s. The gang were responsible for countless robberies in Pennsylvania, Maryland, Virginia, North Carolina and Washington, DC.
In June 1934, Kendrick was arrested in Johnson City, Tennessee and returned to Lorton. He remained there for a brief time and transferred to Alcatraz, then to Leavenworth federal penitentiary in July 1941. He remained in Leavenworth for the rest of his sentence but, instead of being released, he was instead extradited to New Jersey to finish his original prison sentence for the 1930 weapons charge. He was finally released after being granted parole in June 1943.
Four years after his release, Kendrick was arrested for the murder of an underworld figure in Washington, DC in June 1947. Tried and convicted on December 10 of that year, he was sentenced to between 3 and 10 years in Leavenworth. He was paroled in March 1954 but arrested nine months later after being identified as the assailant of the man who had seriously wounded a Washington, DC resident after shooting the man in the throat. Indicted for the shooting in August 1955, he was charged with "unlawful flight to avoid prosecution" a month later and was officially added to the FBI's Top Ten Most Wanted on November 2.
Kendrick was tracked down by the FBI within a month and was arrested by federal agents in Chicago on December 5, 1955. He was apprehended without incident and extradited back to Washington, DC where he convicted and given a long jail sentence. Kendrick testified that he had been offered $2,500 to murder Michael Lee but declined the job because "when I got done paying taxes out of that, what would I have left?"
He died 20 Nov 1960 in Springfield, MO and buried in the Hazelwood Cemetery. His FAG Memorial is #38340979
He was never married and never in the armed forces.
This was the end of his long criminal career.
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