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UNITED STATES v. FAIRCHILD

No. 74-2097.

505 F.2d 1378 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Alton R. FAIRCHILD, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 8, 1975.

Attorney(s) appearing for the Case

Phil Burleson, Michael P. Gibson, Dallas, Tex., for defendant-appellant.

Frank D. McCown, U. S. Atty., Harold S. Jaquet, Asst. U. S. Atty., Ft. Worth, Tex., Charles D. Cabaniss, Wm. F. Sanderson, Jr., Asst. U. S. Attys., Dallas, Tex., for plaintiff-appellee.

Before GEWIN, AINSWORTH and GEE, Circuit Judges.

GEE, Circuit Judge:

Alton Robert Fairchild was convicted of twice violating the Dyer Act, 18 U.S.C. § 2313.1 He now complains (1) that the evidence presented was insufficient to support a jury finding that he knew that the cars which he had received were stolen, (2) that the trial court committed error when it allowed the jury to hear testimony that he stood silent after he had been read his Miranda2

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