United States v. George Llewellyn Ashton

Ashton appeals from his conviction on both counts of a two-count indictment charging him with a violation of 18 U. S.C. § 659 (theft of goods from an interstate shipment of freight) and with conspiring to steal goods from interstate freight in violation of 18 U.S.C. § 371 (conspiracy). Ashton challenges the sufficiency of the evidence and the trial court’s instructions to the jury. We affirm.

The evidence, viewed in the light most favorable to the Government (Glasser v. United States (1942) 315 U.S. 60, 80 , 62 S.Ct. 457 , 86 L.Ed. 680 ), showed that a semi-trailer containing 32 rolls of carpeting was shipped by rail from Georgia to California. The trailer arrived in California on June 23, 1969, and was parked in the Southern Pacific Railroad’s Piggyback Yard. The Trailer was stolen the next day, June 24. The rugs were recovered from Rushton’s carpet store following a tip by informant Anderson who participated in the theft and who testified for the Government.

The testimony of several witnesses tied Ashton into the theft and conspiracy in the following particulars. Ashton was present at Luigi’s Restaurant on the afternoon of the theft when Anderson arrived with the tractor truck…