United States v. James Edward Brown

Good Law
575 F.2d 746·1978 U.S. App. LEXIS 11022
United States Court of Appeals for the Ninth CircuitMay 24, 197877-2583California1,333 words

Opinion

Opinion

James Brown appeals from his conviction for interstate transportation of a stolen motor vehicle in violation of 18 U.S.C. § 2312 . Brown and his codefendant were arrested when a police officer found them driving in Newport, Oregon, in a car which had been stolen the night before in Seattle, Washington.

Brown raises three issues on appeal. He argues that there was insufficient evidence to sustain his conviction, that the trial judge erred in instructing the jury, and in receiving in evidence an admission Brown allegedly made to police officers after his arrest.

Brown concedes that the only factual issue in dispute at the trial was whether he knew that the car he drove from Washington to Oregon was stolen. In considering the sufficiency of the evidence, this court must consider whether the evidence considered most favorably to the government was such as to permit a rational conclusion by the trier of fact that the accused was guilty beyond a reasonable doubt. United States v. Jones, 518 F.2d 64, 65 (9th Cir. 1975). The owner of the car was robbed late at night in Seattle by two men who took his money, his jewelry, and certain other items of personal property in addition to his…

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