Joy Palmer Harper v. United States

Appellant, convicted of violation of the Dyer Act, 18 U.S.C. § 2312 , has taken this appeal from judgment. He was tried on four counts, three involving separate substantive offenses and the fourth a conspiracy. He was found guilty upon all four, after which, upon his motion, the district court dismissed the case, non obstante veredicto, upon the last two counts.

The proof of the substantive offenses disclosed an arrangement between appellant, the operator of an automobile salvage yard in Los Angeles, and one Marin, whereby Marin would purchase wrecked automobiles, transfer their identification plates and license plates to stolen cars of the same make and model and thereafter sell the stolen cars in Nevada, utilizing the certificates of ownership issued upon the purchased wrecks. The wrecks thereafter would be dismantled and sold as parts at appellant’s salvage yard. The evidence of this arrangement consisted of the testimony of Marin.

Appellant’s principal ground for appeal is that the jury verdict is not supported by the evidence for the reason that the testimony of Marin was manifestly incredible. It appeared from his testimony that Marin made the purchases of the wrecked…