United States v. Harold J. Bracken, United States of America v. David L. Taplin

Harold J. Bracken and David L. Taplin appeal from their convictions for violating 18 U.S.C. § 662 (buying, receiving or concealing stolen personal property). Both of them contend that, if they were guilty of any crime, it was that of stealing property in violation of 18 U.S.C. § 661 (stealing personal property). They argue that one who steals property cannot be guilty of receiving stolen goods, i. e., that a thief cannot receive stolen property from himself. We find there was ample evidence to support a conviction for receiving stolen property on the facts of this case.

Three articles of personal property, worth less than $100, were stolen from a veterans’ administration hospital on February 9,1976. Bracken and Taplin were seen in the area of the thefts. Shortly thereafter, officers saw some of the missing articles in a vehicle next to which the two men had been seen earlier. Bracken was arrested after a chase. Taplin was arrested after he was located in one of the hospital buildings. All of the stolen articles were recovered from the vehicle after a consent search. After a jury trial, the appellants were found guilty on the one-count information, in which both of them were…