UNITED STATES v. HOWEY

No. 25116.

427 F.2d 1017 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Mark HOWEY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

June 5, 1970.


Attorney(s) appearing for the Case

Asa M. Akinaka (argued), Padgett, Greeley, Marumoto & Akinaka, Ralph F. Munro Matsumura, Honolulu, Hawaii, for defendant-appellant.

Michael R. Sherwood (argued), Asst. U. S. Atty., Robert K. Fukuda, U. S. Atty., Honolulu, Hawaii, for plaintiff-appellee.

Before JERTBERG, BROWNING, and HUFSTEDLER, Circuit Judges.


HUFSTEDLER, Circuit Judge:

Howey appeals from his conviction on two counts of an indictment charging him with the theft of submarine parts owned by the Government (18 U.S.C. § 641).

The central issue on appeal is this: Was Howey's knowledge that the property in question belonged to the Government an essential element of the theft offense stated in 18 U.S.C. § 641? If it was, Howey's conviction must be reversed because the jury was not instructed...

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