Henry G. Ailsworth, and v. United States of America, And

This unusual case presents the issue of whether its facts, when viewed as alleged by the appellant, conclusively demonstrate his guilt.

The appellant was charged with a felony violation of 18 U.S.C. § 641 , the indictment alleging that on May 14, 1970, at the Naval Supply Center at Alameda, California, he stole a pallet of copper plates which was the property of the United States and valued in excess of one hundred dollars.

The appellant was an employee of the supply depot. During a lunch hour, he noticed some pallets of copper plates and decided to come back after work for the purpose of stealing some of the copper. That night he committed a trespass and drove into the center. After parking his automobile, he obtained a forklift, picked up a pallet and was in the process of carrying it to his car when he was apprehended.

The appellant had heard that government property could be valuable and disposed of at a salvage yard. He didn’t know the value of copper, but intended to find out by selling one or two pieces and determine how much he could get for the larger amount. He intended to conceal the balance until after he determined whether it was worthwhile to sell it. His plans in…