UNITED STATES v. BURNS

No. 78-2624.

597 F.2d 939 (1979)

UNITED STATES of America, Plaintiff-Appellant, v. Robert E. BURNS and Margaret Ann Green, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 28, 1979.


Attorney(s) appearing for the Case

J. R. Brooks, U. S. Atty., Bill L. Barnett, Asst. U. S. Atty., Birmingham, Ala., for plaintiff-appellant.

W. Jason Uchitel, Atlanta, Ga., for defendants-appellees.

Before TUTTLE, TJOFLAT and HILL, Circuit Judges.


JAMES C. HILL, Circuit Judge.

This is an appeal by the Government from judgments of acquittal entered after a jury found the Appellees guilty of violating the National Motor Vehicle Theft Act. 18 U.S.C.A. §§ 2312 and 2313. The sole issue on appeal is whether the Government produced sufficient evidence to establish Appellees' knowledge of the stolen character of the vehicles involved. Since the District Court applied an incorrect measure of the sufficiency...

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