JULIAN v. UNITED STATES

No. 21790.

391 F.2d 279 (1968)

James Kenneth JULIAN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

February 28, 1968.


Attorney(s) appearing for the Case

Gordon L. Hawkins, Las Vegas, Nev., for appellant.

Robert S. Linnell (argued), Asst. U. S. Atty., Joseph L. Ward, U. S. Atty., Las Vegas, Nev., for appellee.

Before CHAMBERS, MERRILL and DUNIWAY, Circuit Judges.


PER CURIAM:

The judgment of conviction is reversed.

Julian was found asleep in Las Vegas, Nevada, in a car that had recently been stolen in Texas. He was convicted under the Dyer Act, interstate transportation of stolen property.

If Julian clearly had possession, well established applicable presumptions would operate to justify the conviction.

The checkbook and savings passbook of the last lawful possessor in Texas of the car, an officer of...

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