United States v. Raymond Dreding

Good Law
547 F.2d 471·1976 U.S. App. LEXIS 6037
United States Court of Appeals for the Ninth CircuitDecember 1, 197676-2711California769 words

Opinion

Opinion

Appellant (Dreding), a hobo, while riding on a train in California, turned the angle cock which controlled the flow of air through the train's braking system. Being convinced his clothing was too light for the wintry weather ahead, he took this action hoping the train would coast to a stop or slow sufficiently to allow him to get off. However, Dreding was unaware that there was a train ahead on the tracks, which necessitated an emergency stop. The turned angle cock impaired the train’s braking ability and the two trains collided, causing serious damage to both.

Dreding was convicted of violation of 18 U.S.C. § 1992 , which provides that “whoever willfully derails, disables, or wrecks any train, engine, motor unit, or car used, operated, or employed in interstate or foreign commerce by any railroad . shall be fined not more than $10,000 or imprisoned not more than twenty years, or both.” The indictment charged Dreding with “knowingly and willfully disabling” a train. The government admits it had no proof that Dreding intended to wreck the train. Appellant contends that conviction under this statute and indictment requires proof beyond a reasonable doubt that the disabling act was…

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