Richard Bernard Compton v. United States

On April 5, 1961, in the United States District Court for the District of Nevada, appellant, Richard Bernard Compton, was indicted for violating 18 U.S. C.A. § 2312 by transporting from Santa Barbara, California, to Las Vegas, Nevada, on or about October 9, 1960, a motor vehicle — a 1950 Cadillac, identification No. 506151194 — knowing it to have been stolen.

Appellant was arraigned, pleaded not guilty and had a jury trial. At the close of all the evidence, appellant moved for a judgment of acquittal. The stated ground of the motion was, in substance, that the evidence was insufficient to sustain a conviction. The motion was denied, appellant was found guilty, and a judgment of conviction was entered, sentencing appellant to be imprisoned for five years. This appeal is from that judgment. Two alleged errors are complained of.

First. Appellant says that the trial court erred in refusing to give the jury the following instruction requested by appellant:

“The jury are instructed that when a man’s conduct may be consistently, and as reasonably from the evidence, referred to two motives, one criminal and the other innocent, it is your duty to presume that such conduct is actuated by…