Dan Prlia v. United States

Appellant was tried before a jury and convicted of “stealing or purloining, or causing to be stolen, or purloined from the United States * * * [some], thing of value in excess of $100.”

The actual theft was accomplished by three young men; two of them airmen in the United States Air Force. The objects stolen were seven or eight 4,000 foot lengths of nylon towing rope of unusual size, color and capacity. The three testified their theft took place at appellant’s instigation. Appellant denied his part in instigating the theft, or in transporting, or in possessing, the rope. The testimony of these three youths was suspect, in that they might have testified falsely in an attempt to save themselves. In rebuttal, an apparently disinterested witness (appellant’s landlord) testified that coils of this unusual rope were for one night shortly after the theft in appellant’s and the witness’ jointly used garage.

After conviction, a motion for new trial was made and denied. This is an appeal from that denial. The sole ground of error alleged on this appeal is that the motion for new trial should have been granted.

This motion for a new trial in the court below was on the basis of newly…