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ORTIZ v. UNITED STATES

No. 8235.

351 F.2d 933 (1965)

Richard Joe ORTIZ, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

October 22, 1965.

Attorney(s) appearing for the Case

Bruce Ducker, Denver, Colo., for appellant.

Donald P. MacDonald, Asst. U. S. Atty. (Lawrence M. Henry, U. S. Atty., on the brief), for appellee.

Before MURRAH, Chief Judge, HILL and SETH, Circuit Judges.

SETH, Circuit Judge.

The appellant was tried by a jury and convicted in the United States District Court for the District of Colorado on the charge of receiving stolen United States postal money orders in violation of 18 U.S.C.A. § 641.

In this appeal the appellant asserts that the trial court was in error in refusing to instruct the jury to the effect that if the appellant stole the property he could not also be found guilty of receiving it.

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