248 F.2d 725 (8th Cir. 1957), 15719, McDonough v. U S

Docket Nº:15719.
Citation:248 F.2d 725
Party Name:John Anthony McDONOUGH, Appellant, v. UNITED STATES of America, Appellee.
Case Date:October 25, 1957
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit
 
FREE EXCERPT

Page 725

248 F.2d 725 (8th Cir. 1957)

John Anthony McDONOUGH, Appellant,

v.

UNITED STATES of America, Appellee.

No. 15719.

United States Court of Appeals, Eighth Circuit.

October 25, 1957

Rehearing Denied Nov. 22, 1957.

Page 726

Edward K. Delaney, St. Paul, Minn., for appellant.

Keith D. Kennedy, Asst. U.S. Atty., St. Paul, Minn. (George E. MacKinnon, U.S. Atty., St. Paul, Minn., on the brief), for appellee.

Before GARDNER, Chief Judge, and VOGEL and VAN OOSTERHOUT, Circuit judges.

GARDNER, Chief Judge.

Appellant was convicted on the second count of an indictment which, omitting formal allegations, charged that:

'Count I

'(18 U.S.C. § 641)

'On or about the 4th day of October, 1955, in the City of St. Paul, County of Ramsey, Third Division, State and District of Minnesota, the defendant, John Anthony McDonough, did knowingly, unlawfully and feloniously steal certain things of value of the United States Department of Health, Education and Welfare, a department of the United States, to-wit, one United States Signal Corps Power Unit PE-77-D bearing serial number 20379: CYX-- Ordnance No. 3875-- Phila.-- 44; and nine, more or less, sheets of .040 Gauge Reynolds Aluminum bearing the following identification: 'Reynolds 24S-T3-QA-362 ALCLAD', said articles and things having an aggregate value of $316.64, more or less.

'Count II

'On or about the 14th day of April, 1956, in the City of St. Paul, County of Ramsey, Third Division, State and District of Minnesota, the defendant, John Anthony McDonough, did knowingly, unlawfully and feloniously conceal and retain certain things of value of the United States Department of Health, Education and Welfare, a department of the United States, which had been stolen, to-wit: one United States Signal Corps Power Unit PE-77-D bearing serial number 20379: CYX-- Ordnance No. 3875-- Phila.-- 44; and nine, more or less, sheets of .040 Gauge Reynolds Aluminum bearing the following identification: 'Reynolds 24S-T3-QA-362 ALCLAD', said articles and things having an aggregate value of $316.64 more or less, with intent to convert same to his own use and gain, knowing the same to have been stolen.'

The property described in the indictment was government property, and at and prior to the time of its theft was located in or about a warehouse at the State Fair Grounds in St. Paul, Minnesota. The property was so-called government surplus and had been allocated to the State of Minnesota Department of Education by the United States Department of Health, Education and Welfare for the purpose of distribution to eligible health and educational institutions. The power unit was inside the warehouse but the sheets of aluminum were stored outside and immediately adjacent thereto. The evidence as to appellant's larceny of the property was purely circumstantial. The evidence as to appellant's possession of the property was without dispute but it was appellant's claim that he purchased it from two unknown men and that he did not know it was stolen. There was evidence which the government claimed proved that appellant concealed the...

To continue reading

FREE SIGN UP