United States v. Harold Eugene Scurlock

Scurlock appeals from a conviction in a trial by jury for conspiracy to transport stolen property in interstate commerce in violation of 18 U.S.C. § 371 . We affirm.

Appellant asserts, as his sole contention on this appeal, that the District Court erred in denying his motion for judgment of acquittal at the close of the government’s case for insufficiency of evidence. We find the evidence legally sufficient.

The evidence indicated that in early 1970, appellant, Leonard J. Lackey, and Glen W. David met on several occasions at David’s home in Phoenix, Arizona, to discuss obtaining a boat for David. Appellant was a resident of Colorado, and was Lackey’s brother-in-law. Charles H. Green of Broomfield, Colorado, owned a Glastron Aqua Hull boat and trailer, of value in excess of five thousand dollars, which disappeared from its storage place beside his warehouse late in March, 1970. Lackey testified for the government, relating that in early April, 1970, he was given $200 by David and was provided with David’s pickup truck; that he drove to Cortez, Colorado, where he met appellant at a “cafe or truck-stop” ; that appellant had the boat mounted on the trailer; that Lackey gave…