United States of America, and v. Robert Gerrahan Yaple, Jr.

Yaple was tried separately and convicted by a jury on all counts of a five-count indictment charging him and others with conspiracy to firebomb the Selective Service State Headquarters in Portland, Oregon, to hinder and interfere with the administration of the Military Selective Service Act of 1967, and to possess an unregistered firearm, i.e., a destructive device known as a Molotov cocktail, and with the substantive offenses, including accessory after the fact. The sentences under the various counts were made concurrent, to run for a total of ten years. 18 U.S.C. § 371 , § 1361; 50 App., U.S.C. § 462; 26 U.S.C. § 5861 , § 5871; 18 U.S.C. § 2 and § 3.

On appeal Yaple raises two issues: First, that the evidence is insufficient to sustain the convictions; and Second, that count 5 of the indictment does not state sufficient facts to constitute a crime. We affirm.

In the first paragraph of appellant’s Statement of Facts in his brief, he admits:

The evidence disclosed that Yaple lived in a two-story frame house located on S.E. Tenth Street in Portland, with defendants Miler and Murphy. They were members of the White Panther Party. Activities of the Party were conducted in that…