United States v. Dominic D. Lacario

Lacario was found guilty, in a jury trial, of having knowingly received and converted stolen Government property worth more than $100. 18 U.S.C.A. § 641 . Sentenced to serve a confinement term of five years, he appeals from the judgment of conviction.

The accused was first charged by way of Information, it being alleged that he had unlawfully received two adding machines and two typewriters belonging to the Government. Subsequently, he was indicted for having received, in addition, three stolen Government calculating machines having a value in excess of $100. His trial involved the charges made in both the Information and the Indictment; however, following the presentation of the Government’s case, Laeario’s motion to dismiss the Indictment was granted.

The court was also urged to dismiss the Information. This effort on Lacario’s part was unsuccessful, but the court did eliminate from the jury’s consideration all evidence pertaining to all stolen property, with the exception of evidence relating to two IBM electric typewriters.

We reject all of the appellant’s contentions save one. This contention, which is meritorious, is that the evidence is insufficient to support a…