United States v. Robert Lee Mitchell, United States of America v. William Charles Strohmeir

Robert Lee Mitchell and William Charles Strohmeir appeal from their respective convictions for conspiring to steal government property (two M-14 rifles), valued in excess of $100 in violation of 18 U.S.C. §§ 371 and 641 ; and of assault with intent to commit a felony (the theft of the rifles), in violation of 18 U.S.C. § 113 (b). We affirm.

The principal error complained of concerns the manner in which the trial court instructed the jury on the question of value. During the trial, all parties stipulated as to value and the stipulation was read to the jury.

One of the defendants testified he was to be paid $50 for his guns, and another witness testified that M-14 rifles were given to popular forces in Vietnam.

The court gave an instruction requested by the defendants which told the jury that if it found that the total value of the two rifles did not exceed $100 then it must find the defendants not guilty. Later, however, the court recalled the jury and said it had given an instruction which was not a proper statement of the law. He continued:

Thereafter a verdict of guilty was returned.

Appellants misread their stipulation. It states that the purchase price of the particular…