THOMAS v. UNITED STATES

No. 12-69.

409 F.2d 730 (1969)

Herschell Carl THOMAS, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

April 16, 1969.


Attorney(s) appearing for the Case

Juan G. Burciaga, Albuquerque, N. M., for appellant.

John A. Babington, Asst. U. S. Atty., Albuquerque, N. M. (John Quinn, U. S. Atty., Albuquerque, N. M., on the brief), for appellee.

Before BREITENSTEIN, HILL and HICKEY, Circuit Judges.


HILL, Circuit Judge.

The appellant, Herschell C. Thomas, Jr., was tried to a jury and convicted of transporting a motor vehicle from Fontana, California, to Las Cruces, New Mexico, knowing it to have been stolen, in violation of 18 U.S.C. § 2312. On this direct appeal the appellant attacks the sufficiency of the evidence, certain of the jury instructions, and the failure of the trial court to grant a new trial.

In reviewing the sufficiency of the evidence...

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