Dennis Ray Clark v. United States
Opinion
Opinion
Heydt, J.
On February 6, 1967, a jury found appellant guilty of violating the Dyer Act, Title 18, U.S.C. § 2312 .
The facts are these:
While driving an automobile in Vernon, British Columbia, Canada, appellant was involved in a two-car accident. Both drivers were interviewed by a Royal Canadian Mounted Police Officer, Constable Lakaehuk, at police detachment headquarters. Appellant stated to Constable Lakaehuk that he was the driver and owner of the vehicle. However, he could produce no evidence of ownership. The constable issued a summons under British Columbia’s Motor Vehicle Act, naming the appellant as the owner of the car. Appellant signed the summons and paid the penalty.
Subsequently, appellant was tried and convicted of the aforementioned offense. At the trial, Constable Lakaehuk testified as to appellant’s statements and actions at the time of the interview.
The indictment charged that the car was driven by appellant in interstate commerce between Las Vegas, Nevada, and Vernon, British Columbia. The trial court instructed the jury that it could return a verdict of guilty if it found that appellant transported the car in interstate or foreign commerce.