United States v. Folsom, No. 72-1607
| Court | United States Courts of Appeals. United States Court of Appeals (8th Circuit) |
| Writing for the Court | LAY and STEPHENSON, Circuit , and TALBOT SMITH, Senior |
| Citation | 479 F.2d 1 |
| Parties | UNITED STATES of America, Appellee, v. Lloyd FOLSOM, Jr., Appellant. UNITED STATES of America, Appellee, v. Gerald Lance SINGER, Appellant. |
| Docket Number | 72-1618.,No. 72-1607 |
| Decision Date | 08 June 1973 |
479 F.2d 1 (1973)
UNITED STATES of America, Appellee,
v.
Lloyd FOLSOM, Jr., Appellant.
UNITED STATES of America, Appellee,
v.
Gerald Lance SINGER, Appellant.
Nos. 72-1607, 72-1618.
United States Court of Appeals, Eighth Circuit.
Submitted April 10, 1973.
Decided June 8, 1973.
Gary Eldredge, and Robert G. Duncan, Kansas City, Mo., for appellants.
Anthony Nugent, Asst. U. S. Atty., Kansas City, Mo., for appellee.
Before LAY and STEPHENSON, Circuit Judges, and TALBOT SMITH, Senior District Judge.*
STEPHENSON, Circuit Judge.
Appellants make numerous contentions of error in their trial wherein they were convicted by a jury for violation of the Dyer Act. 18 U.S.C. § 2313. The jury failed to return a verdict on Count I of the indictment which charged appellants with transporting a stolen motor vehicle, but convicted appellants on Count II in which it was charged that they had concealed a stolen motor vehicle.
On appeal, appellants present the following contentions:
1. Whether there was sufficient evidence to support the jury's verdict on Count II.
2. Whether there was sufficient evidence to identify the truck found in appellants' possession as the one stolen.
3. Whether the trial court erred in charging the jury that they may infer guilt from the "defendant's unexplained or unsatisfactorily explained possession of recently stolen property."
4. Whether the jury charge allowed the jury to convict appellant Singer of receiving stolen property, an offense not charged in the indictment.
5. Whether the trial court erred in its definition of concealment in its charge to the jury.
I. A thorough examination of the record convinces us that the evidence, when viewed in the light "most favorable to sustaining the jury verdict and accepting as established all reasonable inferences that tend to support the jury's determination," is clearly sufficient to support the jury's verdict as to both appellants. See, United States v. Mahanna, 461 F.2d 1110, 1116 (CA8 1972) and United States v. Briddle, 430 F.2d 1335, 1337, 1338 (CA8 1970). See also, United States v. Brady, 425 F.2d 309 (CA8 1970).
II. There was also sufficient evidence to identify the stolen motor vehicle as the one recovered from the appellants. Not only was color, make and year established, but the truck recovered was identified by its owner as the one stolen and the Chief of Police testified that he had discovered the recovered truck's ID tag to have been removed from the door and lying in the back of the truck. Furthermore, appellant Singer later personally delivered the stolen vehicle's license plate, some doors and windows to the owner of the truck.
III. The trial judge instructed the jury that if they found that the government had proved beyond a reasonable doubt every essential element of the offense
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U.S. v. Mitchell, No. 77-1171
...F.2d 1104, 1108-09 (6th Cir. 1970), and Phillips v. United States, 206 F.2d 923, 924 (10th Cir. 1953). See also United States v. Folsom, 479 F.2d 1, 3-4 (8th Cir. 1973); United States v. Powell, 420 F.2d 949 (6th Cir. 1970). Cf. United States v. Casey, 540 F.2d 811, 815-16 (5th Cir. 1976) (......
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United States v. Lawson, No. 73-1110.
...on review in the absence of plain error. United States v. Sellaro (8th Cir., No. 71-1719, June 12, 1973); United States v. Folsom, 479 F.2d 1 (8th Cir. 1973); United States v. Hamlin, 432 F.2d 905, 909 (8th Cir. 1970); United States v. Stead, 422 F.2d 183, 185 (8th Cir.), cert. denied, 397 ......
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U.S. v. Thornley, No. 82-1715
...that Thornley had knowledge that the vehicle was stolen. United States v. Wood, 500 F.2d 681, 683 (5th Cir.1974); United States v. Folsom, 479 F.2d 1 (8th Thornley's last contention is that there is insufficient evidence to establish the interstate commerce element. He argues that the stole......
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United States v. Williams, No. 73-1155.
...the defendant is precluded from raising this contention on appeal. See, United States v. Folsom, Jr. and United States v. Singer, 479 F.2d 1 (8th Cir. 1973). In any event, we note that the propriety of such an instruction is largely left to the discretion of the trial court, see, Morrison v......
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U.S. v. Mitchell, No. 77-1171
...F.2d 1104, 1108-09 (6th Cir. 1970), and Phillips v. United States, 206 F.2d 923, 924 (10th Cir. 1953). See also United States v. Folsom, 479 F.2d 1, 3-4 (8th Cir. 1973); United States v. Powell, 420 F.2d 949 (6th Cir. 1970). Cf. United States v. Casey, 540 F.2d 811, 815-16 (5th Cir. 1976) (......
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United States v. Lawson, No. 73-1110.
...on review in the absence of plain error. United States v. Sellaro (8th Cir., No. 71-1719, June 12, 1973); United States v. Folsom, 479 F.2d 1 (8th Cir. 1973); United States v. Hamlin, 432 F.2d 905, 909 (8th Cir. 1970); United States v. Stead, 422 F.2d 183, 185 (8th Cir.), cert. denied, 397 ......
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U.S. v. Thornley, No. 82-1715
...that Thornley had knowledge that the vehicle was stolen. United States v. Wood, 500 F.2d 681, 683 (5th Cir.1974); United States v. Folsom, 479 F.2d 1 (8th Thornley's last contention is that there is insufficient evidence to establish the interstate commerce element. He argues that the stole......
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United States v. Williams, No. 73-1155.
...the defendant is precluded from raising this contention on appeal. See, United States v. Folsom, Jr. and United States v. Singer, 479 F.2d 1 (8th Cir. 1973). In any event, we note that the propriety of such an instruction is largely left to the discretion of the trial court, see, Morrison v......