Booth

This is an appeal from a judgment convicting appellant as a co-conspirator in a conspiracy to violate Section 7 of the National Stolen Property Act, Act of May 22, 1934, 48 Stat. 795 , as amended by the Act of August 3, 1939, 53 Stat. 1178 , 18 U.S.C.A. 413 et seq., The indictment charged appellant and certain other persons with conspiracy to receive, conceal and store in Southern California stock certificates of a value in excess of $5,000, knowing them to have been stolen from the offices of the Superior Portland Cement Inc., Seattle Washington, which certificates were moving in or became a part of interstate commerce when so received, concealed and stored in violation of Section 4 of that Act.

The evidence is uncontradicted that on March 26, 1943, there were stolen stock certificates of value in excess of $5,000 from a desk in the office, in Seattle, Washington, of Z. P. Lucas, president of the Superior Portland Cement Inc. Examination of the securities by the thief or thieves showed that they were registered in Mr. Lucas’ name and not in negotiable form. It was then apparent that the thief or thieves had two methods of profiting by their larceny: one by holding the…