George E. Shibley v. United States

The indictment in this case was returned on June 25, 1953, against Shibley and Charles Raymond Thompson, and was in four counts. Count 1 charged violation of 18 U.S.C.A. §§ 7 , 13, and California Penal Code §§ 459-460 namely, that Thompson entered a building on lands reserved for the exclusive use of the United States at El Toro Marine Air Station in Orange County, California, with intent to commit larceny therein. Shibley was charged with aiding and abetting Thompson in this offense. Count 2 set up a violation of 18 U.S.C.A. § 641 , in that appellant and Thompson stole and knowingly converted to their own use property of the United States valued in excess of $100.00. Count 3 charged the violation of 18 U.S. C.A. § 641, whereby Shibley and Thompson received, concealed and retained with intent to convert to their own use and gain property of the United States which the parties knew had theretofore been stolen from the United States, said property having a value in excess of $100.00.- Count 4 charged a violation of the conspiracy statute, 18 U.S.C.A. § 371 . This count charged that Shibley and Thompson conspired to (a) enter a building ori lands reserved for the exclusive use of the…