United States v. Eva Agnes Kutas, (Two Cases)

Kutas appeals from a judgment of conviction of harboring and concealing, and of conspiracy to harbor and conceal, an escaped federal prisoner in violation of 18 U.S.C. §§ 1072 and 371. She also appeals from an order denying her motion for a new trial. We affirm in both appeals.

I. The Sufficiency of the Evidence.

We state the evidence 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 . On May 17, 1974, Carl Bowles, a federal prisoner serving concurrent state and federal sentences at the Oregon State Penitentiary, left the penitentiary under a four-hour pass and failed to return. Coconspirator Joan Coberly hid Bowles for approximately ten days, after which she and Bowles were driven to a house in Eugene, Oregon, where coconspirator Ray Eaglin was persuaded to help Bowles to escape. Kutas was present in the house at the time. Over the next hour or so Kutas and Eaglin loaded gear and supplies into a stationwagon. Then Eaglin drove Bowles, Kutas and Coberly to a remote area of the Willamette National Forest where Bowles and Coberly set up camp in an underground bunker some distance into the forest. On the…