UNITED STATES v. FROST

No. 30017 Summary Calendar.

434 F.2d 607 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Jackson FROST, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 12, 1970.


Attorney(s) appearing for the Case

Elno A. Smith, Jr., Montgomery, Ala., for defendant-appellant.

Ira deMent, U. S. Atty., D. Broward Segrest, Asst. U. S. Atty., Montgomery, Ala., for plaintiff-appellee.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.


PER CURIAM:

Appellant was found guilty of knowingly transporting a stolen motor vehicle in interstate commerce in violation of 18 U.S.C. § 2312 and sentenced to five years imprisonment. The only substantial issue before the jury was whether appellant knew the automobile to be stolen since there was uncontroverted testimony that the car was stolen and then transported from Georgia into Alabama.

To prove the element of knowledge, the government presented...

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