Muyres

The indictment in this case contains two counts. The first count charges that Edward Harold Ryman, Karl L. Woolsey, John Murray Cheney, Franklin Dolph LeSieur, Thomas Burke Ryan, John F. Muyres, and George J. Muyres transported and caused to be transported in interstate commerce from the state of Arizona to Huntington Park, Cal., certain securities, to wit, bonds, of the value of more than $5,000 theretofore stolen from Nellie P. Covert, knowing the same to have been stolen, thereby violating section 3 of the Act of May 22, 1934, c. 333, 48 Stat. 794 ( 18 U.S.C.A. § 415 ). 1 The second count charges that said defendants conspired to commit the offense charged in the first count and did certain acts to effect the object of the conspiracy, thereby violating section 37 of the Criminal Code, 35 Stat. 1096 ( 18 U.S.C.A. §88 ).

Ryman and Woolsey pleaded guilty. The case was dismissed as to Cheney. LeSieur was never brought to trial. Ryan and the two Muyres defendants were tried. Ryan and John F. Muyres were convicted on both counts. George J. Muyres was convicted on the second count only. John F. Muyres prosecutes this appeal.

There are four assignments of error. Assignment 1 is to…