Monty Timothy Scates v. United States

Appellant was indicted and convicted on two counts. The first charged him with stealing property of the United States ( 18 U.S.C. § 641 ), having a value in excess of $100.00; namely, seven cases of frozen meat. The second charged him with perjury with respect to his knowledge as to the origin of said seven cases of frozen meat, found in the automobile in which he was leaving the Navy Submarine Base in Honolulu, Hawaii, and how they came to be there. ( 18 U.S.C. § 1621 .) Appellant was sentenced to two years on each count, but sentence on each count was suspended, provided defendant served thirty days time.

Appellant urges but two grounds on this appeal. One, that there was no proof of ownership of the meat by the United States at the time of the alleged theft, and two, “insufficiency of the evidence to sustain a verdict of guilty beyond a reasonable doubt.”

Appellant urges upon us a statement of fact that omits substantial material evidence which weighs against his innocence.

It is elemental law that on an appeal involving the insufficiency of the evidence to sustain the verdict (as both points here raised do) this court must take the view of the evidence most favorable to the…