United States v. Walter Higginbotham

Appellant was convicted in a jury trial on two counts of an indictment charging violation of the Dyer Act, as a principal ( 18 U.S.C. § 2312 ), and as aider and abettor in the violation of the Act ( 18 U.S.C. § 2 ). His codefendant, Robert Jones, entered a plea of guilty to each count. Jones later testified as a witness on behalf of appellant. We affirm.

BACKGROUND

Viewed in the light most favorable to the government, the record supports the following summary of facts.

During the first week in December, 1974, the appellant and Jones were in Boise, Idaho, where they spent several hours over a period of days at an automobile dealership, examining and test driving two 1974 Dodge vehicles. They told Aikens, a salesman, they were interested in a four-wheel drive vehicle and focused their attention upon a pickup and a van. On the evening of December 5th, the two men test drove the vehicles and returned them to the lot with full tanks of gas. The next morning, the vehicles were both missing and reported stolen.

Aikens remembers his contact with the two men, whom he had carefully observed, because he thought they were somewhat suspicious. He had observed them for well over an…