United States v. Norman Bill Floyd

Appellant and one Charles Gomez were charged with violating the Dyer Act ( 18 U.S.C. § 2312 ), transporting a stolen motor vehicle in interstate commerce, knowing that it had been stolen. Mr. Floyd was tried alone and convicted. He appeals from the judgment and sentence entered upon the verdict of guilt.

In his first assignment of error, appellant alleges that there was insufficient evidence to prove that he had actively participated in the interstate transportation of the stolen vehicle. The trial court concluded otherwise, and so do we.

The evidence adduced at trial showed that a 1962 Chevrolet pickup truck, the property of Mr. and Mrs. Roger L. Frederick, was stolen from the driveway of their home in San Ysidro, California some time between 5:00 p. m., March 27, 1970, and the following morning. The appellant and Mr. Gomez were each living in the area of the Frederick ranch at the time of the theft, each was familiar with the ownership of the vehicle, and each had been an authorized passenger in the truck on a different occasion. The Fredericks had not given permission to either Mr. Floyd or Mr. Gomez to take their truck.

The stolen vehicle was recovered on March 28, 1970 in…