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WATTENBURG v. UNITED STATES

No. 21301-A.

388 F.2d 853 (1968)

W. H. WATTENBURG and William P. Owens, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

January 19, 1968.

Attorney(s) appearing for the Case

Richard Haas (argued), San Francisco, Cal., Stanley C. Young, Jr., of Young & Young, Quincy, Cal., W. Austin Cooper, Sacramento, Cal., for appellants.

Cecil F. Poole, U. S. Atty., San Francisco, Cal., James J. Simonelli, Sp. Asst. to U. S. Atty., Sacramento, Cal., for appellee.

Before HAMLEY and ELY, Circuit Judges, and ZIRPOLI, District Judge.

HAMLEY, Circuit Judge:

W. H. Wattenburg and William P. Owens were jointly charged, tried before a jury, and convicted, of stealing and conspiring to steal approximately one thousand red fir trees, Christmas-tree size, belonging to the United States. On their appeals, consolidated for disposition here, they argue that neither count of the indictment states an offense, the trial court erred in denying their motions to suppress certain evidence, admissible evidence was...

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