United States v. Jimmie Robert Powers

In this cause the United States proceeded against Jimmie Robert Powers as a juvenile delinquent, pursuant to 18 U.S.C. § 5032 . The allegation of delinquency was based on the charge that on February 19, 1968, and twice on March 27, 1968, Powers knowingly and wilfully threatened to take the life of the President of the United States, in violation of 18 U.S.C. § 871 . At the trial the jury returned a special verdict finding that Powers, who was then seventeen years old, committed each of the offenses charged and is therefore a juvenile delinquent. The district court thereupon adjudged him to be a juvenile delinquent and committed him to the custody of the Attorney General for imprisonment during the period of his minority, which expires on September 4, 1971.

On this appeal, Powers’ prime argument is that the jury findings are not supported by the evidence. Specifically, defendant contends that the Government failed to prove, beyond a reasonable doubt, that on any of the occasions in question Powers (1) made a “true threat” and (2) made that threat wilful-fully.

The essential elements of an offense under 18 U.S.C. § 871 are discussed in Watts v. United States, 394 U.S. 705 , 89…