U.S. v. Young, 77-1346
| Decision Date | 11 January 1978 |
| Docket Number | No. 77-1346,77-1346 |
| Citation | 568 F.2d 588 |
| Parties | UNITED STATES of America, Appellee, v. Henry Grady YOUNG, Jr., Appellant. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Michael P. Shea, St. Charles, Mo., argued and filed brief, for appellant.
Stephen B. Higgins, Asst. U. S. Atty. (argued), and Barry A. Short (former U. S. Atty.), St. Louis, Mo., filed brief, for appellee.
Before LAY, BRIGHT, and HENLEY, Circuit Judges.
Henry Grady Young, Jr., appeals his conviction under 18 U.S.C. § 659 (1970) for knowing possession of property stolen from an interstate shipment. He argues that the district court erred in overruling his motion for acquittal at the close of the Government's case. We affirm.
At approximately 9:30 p. m. on February 2, 1977, police officer Arthur Williams was investigating a tractor-trailer unit suspiciously parked on a St. Louis street. As he approached the scene in his unmarked police car, he observed appellant Young standing on a nearby corner. Young, upon seeing the car approaching, immediately ran down the sidewalk past a Chevrolet automobile parked approximately thirty feet away from the trailer, slamming the trunk shut as he ran by. Before the trunk was closed, Williams observed two large cardboard boxes inside. Williams apprehended both Young and Nathaniel Franklin, who was standing in the rear of the trailer. A search of the Chevrolet trunk revealed two cartons, each containing four Panasonic Citizens Band AM/FM radios. Further investigation disclosed that the radios had been removed from the tractor-trailer, that Franklin owned the Chevrolet, and that Franklin and Young had spent the evening together. Young and Franklin were tried together and convicted by a jury.
On appeal, Young argues that the Government's evidence was insufficient to sustain the "possession" element of the charge against him. He further argues that for purposes of this appeal we should consider only the evidence presented by the Government in its case in chief.
The law is to the contrary. In deciding whether the Government's evidence is sufficient to withstand a motion for acquittal, this court may examine the record as a whole, including evidence put on by the defendant. United States v. Davis, 542 F.2d 743, 746 (8th Cir.), cert. denied, 429 U.S. 1004, 97 S.Ct. 537, 50 L.Ed.2d 616 (1976); United States v. Geelan, 509 F.2d 737, 742 (8th Cir. 1974), cert. denied, 421 U.S. 999, 95 S.Ct. 2395,...
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U.S. v. Williams
...30 L.Ed.2d 95 (1971). "A conviction may rest solely on circumstantial evidence, such as that presented in this case. United States v. Young, 568 F.2d 588, 589 (8th Cir.1978); United States v. Carlson, 547 F.2d 1346, 1360 (8th Cir.1976), cert. denied, 431 U.S. 914, 97 S.Ct. 2174, 53 L.Ed.2d ......
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U.S. v. McCaskill
...statements to the Federal Bureau of Investigation agents, it is a matter of credibility to be considered by the jury. United States v. Young, 568 F.2d 588 (8th Cir. 1978). We, as an appellate court, have no authority to make this finding of fact, and on an issue of knowledge or intention th......
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...upon Mr. Douville. A conviction may rest solely on circumstantial evidence, such as that presented in this case. United States v. Young, 568 F.2d 588, 589 (8th Cir. 1978); United States v. Carlson, 547 F.2d 1346, 1360 (8th Cir. 1976), cert. denied, 431 U.S. 914, 97 S.Ct. 2174, 53 L.Ed.2d 22......
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U.S. v. Khalaf, s. 91-5093
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