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McKNIGHT v. UNITED STATES

No. 17032.

309 F.2d 660 (1962)

Daniel G. McKNIGHT, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided October 25, 1962.

Attorney(s) appearing for the Case

Mr. Paul R. Connolly, Washington, D. C. (appointed by this court), for appellant.

Mr. Paul A. Renne, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Joel D. Blackwell, Asst. U. S. Atty., and Nathan J. Paulson, Asst. U. S. Atty., at the time the brief was filed, were on the brief, for appellee. Mr. Frank Q. Nebeker, Asst. U. S. Atty., also entered an appearance for appellee.

Before BAZELON, Chief Judge, and WILBUR K. MILLER and FAHY, Circuit Judges.

BAZELON, Chief Judge.

Appellant was charged with one count of unauthorized use of a motor vehicle, D.C.Code § 22-2204 (1961), and one count of interstate transportation of a stolen motor vehicle, 18 U.S.C. § 2312 (1958). At trial the Government introduced no "direct evidence" of the essential elements of the offenses. It did, however, introduce direct evidence of "exclusive possession [by the defendant] of recently stolen property." The only instruction...

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