Giardano

Appellant was indicted for violating § 2(g) of the Federal Firearms Act, 15 U.S. C.A. § 902(g), which provides: “It shall be unlawful for any person to transport or ship or cause to be transported or shipped in interstate or foreign commerce 1 any stolen firearm 2 or ammunition, knowing, or having reasonable cause to believe, same to have been stolen.” Section 5 of the Act, 15 U.S.C.A. § 905 , provides that any person violating any provision of the Act “shall, upon conviction thereof, be fined not more than $2,000, or imprisoned for not more than five years, or both.” The indictment charged that appellant, “on or about June 18, 1941, did knowingly, wilfully, unlawfully and feloniously transport and cause to be transported in interstate commerce, that is to say, from [Los Angeles, California, to Collinsville, Illinois], a certain stolen firearm, to-wit, a .32-20 calibre Smith & Wesson revolver No. 11804, knowing the same to have been stolen.” Appellant was arraigned, pleaded not guilty and was tried. At the close of the evidence, he moved for a directed verdict. His motion was denied. He excepted, was convicted, was sentenced and has appealed.

Appellant assigns as error the denial…

(dissenting).

I think that under all the circumstances of this case the question of guilt was for the jury.