Van Huss v. United States, 4418.
| Court | United States Courts of Appeals. United States Court of Appeals (10th Circuit) |
| Writing for the Court | HUXMAN, MURRAH and PICKETT, Circuit |
| Citation | 197 F.2d 120 |
| Parties | VAN HUSS v. UNITED STATES. |
| Docket Number | No. 4418.,4418. |
| Decision Date | 10 May 1952 |
197 F.2d 120 (1952)
VAN HUSS
v.
UNITED STATES.
No. 4418.
United States Court of Appeals Tenth Circuit.
May 10, 1952.
A. L. Zinn, Santa Fe, N. M., for appellant.
Maurice Sanchez, U. S. Atty., and Edward E. Triviz, Asst. U. S. Atty., Albuquerque, N. M., for appellee.
Before HUXMAN, MURRAH and PICKETT, Circuit Judges.
MURRAH, Circuit Judge.
James Edward Van Huss, together with Harden Collins Kemper, Homer Taylor McGarrity, and seven other defendants, was indicted and charged in the United States District Court of New Mexico, with having conspired to transport motor vehicles in interstate commerce, knowing the same to have been stolen, and with receiving, concealing, storing, selling and disposing of such vehicles in interstate commerce, knowing that the said vehicles had been previously stolen, in violation of 18 U.S.C.A. §§ 2312, 2313. In furtherance of such conspiracy, it is alleged that the defendant Kemper made a trip from Carlsbad, New Mexico, to Brownwood, Texas, for the purpose of contacting the defendants McGarrity and Van Huss; that after such contact Van Huss on specified dates delivered automobile title papers to Kemper, and that thereafter other named defendants transported in interstate commerce specifically described automobiles, knowing the same to have been stolen. This is an appeal by Van Huss from a judgment and sentence, imposed upon a jury verdict of guilty, and the sole question presented is the sufficiency of the evidence to support the verdict.
Appellant concedes, as he must under the evidence, the sale of titles to burned or wrecked cars to one of the conspirators, but contends that the sale of such titles, even with knowledge that the same "may" be used in a scheme or design to steal automobiles and transport them in interstate commerce, does not "ipso facto" make him a member of such unlawful scheme.
It is true "that one does not become a party to a conspiracy by aiding and abetting it, through sales of supplies or otherwise, unless he knows of the conspiracy; and the inference of such knowledge cannot be drawn merely from knowledge
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...689; United States v. Anderson, 7 Cir., 101 F.2d 325, 332, certiorari denied, 307 U.S. 625, 59 S.Ct. 822, 83 L.Ed. 1502; Van Huss v. United States, 10 Cir., 197 F.2d 120; Direct Sales Co. v. United States, 319 U.S. 703, 711, 713, 63 S.Ct. 1265, 87 L.Ed. On this phase of the case, the Trial ......
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...charged in the indictment and consented to become a party, or knowingly did any act to accomplish its purpose. In Van Huss v. United States, 10 Cir., 197 F.2d 120, we quoted from Direct Sales Co. v. United States, 319 U.S. 703, 709, 63 S.Ct. 1265, 87 L. Ed. 1674, as follows: "one does not b......
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