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UNITED STATES v. HOWARD

No. 71-1202.

449 F.2d 308 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Lugene HOWARD, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 30, 1971.

Attorney(s) appearing for the Case

John C. Blackman, Monroe, La. (Court Appointed), Hudson, Potts & Bernstein, Monroe, La., for defendant-appellant.

Donald E. Walter, U. S. Atty., R. Perry Pringle, Asst. U. S. Atty., Shreveport, La., for plaintiff-appellee.

Before WISDOM, COLEMAN, and SIMPSON, Circuit Judges.

PER CURIAM:

The defendant, Lugene Howard, was found guilty of violating 18 U.S.C. § 2312 (the Dyer Act) by transporting an automobile across state lines knowing it to have been stolen.

Predictably, the crucial issue in the case was whether the defendant knew that the vehicle which he admittedly transported had been stolen. The key witness at the trial was Leroy Howard, the defendant's brother. Over objection, Leroy was allowed to testify that he had told...

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