JAMES KENNETH JULIAN, APPELLANT,
v.
UNITED STATES OF AMERICA, APPELLEE
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The court held that the evidence of possession was insufficient to sustain a conviction beyond a reasonable doubt under the Dyer Act.
Julian was found asleep in a recently stolen car in Las Vegas, Nevada, with the owner's checkbook and savings passbook in his pocket. He was convicted…
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PER CURIAM:
The judgment of conviction is reversed.
Julian was found asleep in Las Vegas, Nevada, in a car that had recently been stolen in Texas. He was convicted under the Dyer Act, interstate transportation of stolen property.
If Julian clearly had possession, well established applicable presumptions would operate to justify the conviction.
The checkbook and savings passbook of the last lawful possessor in Texas of the car, an officer of the corporation which owned the car, were found in Julian’s pocket. The owner had left these in the car. The conclusion from that, that Julian had possession of the car is not unreasonable. Perhaps it would satisfy a preponderance test. But where convicting presumptions* are projected on possession, the evidence of possession ought to be very clear to satisfy the test of guilt beyond a reasonable doubt. Slight additional proof might be enough, but wé do not have it.
If the government can produce further evidence for a new trial, it should have the opportunity. The prosecutor should promptly advise the district court whether it can produce further evidence to sustain the indictment. If it can not, the indictment should be dismissed. On a new trial, there should be a little more complete instructions on possession.
*
Morandy v. United States, 9 Cir., 170 F. 2d 5; Jones v. United States, 9 Cir., 378 F. 2d 340.
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Citator
Cited By (12 total)
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Bettis v. United States, 408 F.2d 563 (9th Cir. 1969)
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Baker v. United States, 395 F.2d 368 (8th Cir. 1968)
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Lawrence v. United States, 400 F.2d 624 (9th Cir. 1968)
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Morandy v. United States, 170 F.2d 5 (9th Cir. 1948)
- Jones v. United States, 378 F.2d 340 (9th Cir. 1967)