UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
JOHN LEE JACKSON, DEFENDANT-APPELLANT
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The court held that the evidence was sufficient to support the conviction for transporting a stolen motor vehicle in interstate commerce.
John Lee Jackson was convicted of violating the Dyer Act after a jury trial. He appealed, arguing the evidence was insufficient to support his convict…
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PER CURIAM:
After trial by jury John Lee Jackson, appellant, was convicted of transporting a stolen motor vehicle in interstate commerce in violation of, the Dyer Act, 18 U.S.C.A. § 2312. In this appeal Jackson contends that the evidence adduced at trial was insufficient -to support his conviction. We affirm.
Appellant first contends that the trial court erred in denying his motion for judgment of acquittal made at the conclusion of the government’s case. We do not reach the merits of this contention since appellant, by proceeding to present evidence in his behalf after the government rested, waived any error in the denial of the motion. United States v. Rawls, 5th Cir. 1970, 421 F. 2d 1285, 1286; Montoya v. United States, 5th Cir. 1968, 402 F. 2d 847, 850; Harris v. United States, 5th Cir. 1960, 285 F. 2d 85, 86; Jackson v. United States, 5th Cir. 1958, 250 F. 2d 897, 901; T’Kach v. United States, 5th Cir. 1957, 242 F. 2d 937, 938.
Secondly, appellant argues that the trial court erred ih denying his motion for judgment of ‘acquittal made at the close of all the evidence. It is, of course, well settled that in reviewing a district court’s refusal to direct a verdict of acquittal, this "Court can reverse a jury finding of guilty only in the absence of substantial evidence to support it, viewing the evidence in the light most favorable to the government. Glasser v. United States, 315 U.S. 60, 62 S.Ct. 457, 86 L.Ed. 680 (1942); United States v. Robertson, 5th Cir. 1969, 417 F. 2d 873; Sanders v. United States, 5th Cir. 1969, 416 F. 2d 194.
Moreover, it has been repeatedly held in Dyer Act cases that unexplained possession of a vehicle recently stolen in another state permits, although it does not require, inferences that the possessor knew the vehicle was stolen and that he transported it in interstate commerce. United States v. Rawls, supra; United States v. Robertson, supra; United States v. Reed, 5th Cir. 1969, 414 F. 2d 435; Hale v. United States, 5th Cir. 1969, 410 F. 2d 147. After carefully reviewing the record in light of the aforementioned principles; we have determined that appellant’s motion for judgment of acquittal made at the close of all the evidence was properly denied.
Accordingly, we affirm the judgment of the trial court.
Affirmed.
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United States v. Evans, 572 F.2d 455 (5th Cir. 1978)
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United States v. Perez, 526 F.2d 859 (5th Cir. 1976)
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (11 total)
- Glasser v. United States, 315 U.S. 60 (U.S. 1942)
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- Montoya v. United States, 402 F.2d 847 (5th Cir. 1968)
- Hale v. United States, 410 F.2d 147 (5th Cir. 1969)
- Jackson v. United States, 250 F.2d 897 (5th Cir. 1958)
- Sanders v. United States, 416 F.2d 194 (5th Cir. 1969)
- Tkach v. United States, 242 F.2d 937 (5th Cir. 1957)
- United States v. Reed, 414 F.2d 435 (5th Cir. 1969)
- Harris v. United States, 285 F.2d 85 (5th Cir. 1960)
- United States v. Robertson, 417 F.2d 873 (5th Cir. 1969)