SMOOT v. UNITED STATES

No. 17081.

312 F.2d 881 (1962)

Jesse C. SMOOT, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 27, 1962.


Attorney(s) appearing for the Case

Mr. Joseph S. McCarthy, Washington, D. C. (appointed by the District Court), for appellant.

Mr. Barry Sidman, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Nathan J. Paulson, Asst. U. S. Atty., at the time the brief was filed, and Donald S. Smith, Asst. U. S. Atty., were on the brief, for appellee.

Before EDGERTON, WILBUR K. MILLER and WRIGHT, Circuit Judges.


WILBUR K. MILLER, Circuit Judge.

The first count of an indictment charged Wayne C. Spitzer with knowingly transporting a stolen motor vehicle in interstate commerce.1 The second count accused Jesse C. Smoot of aiding and abetting him in the commission of that crime. At their joint trial, the jury found Spitzer not guilty by reason of insanity, but found Smoot guilty as charged. The latter appeals.

Evidence for the prosecution showed...

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