Waller

Waller v. United States

Good Law
177 F.2d 171·1949 U.S. App. LEXIS 3155
United States Court of Appeals for the Ninth CircuitSeptember 19, 1949No. 12232California2,670 words

Opinion

Lead Opinion

Stephens, J.

Appellant Waller was tried and convicted in the district court 'by a judge and jury on an indictment charging violation of Section 15(c) of the Commodity Credit Corporation Charter Act, Public Law 806, 80th Congress, 62 Stat. 1070 , 15 U.S.C.A. § 714m(c). 1 Section 15(c) of the Act-provides: “Whoever shall willfully steal, conceal, remove, dispose of, or convert to his own use or to that of another any property owned or held by, or mortgaged or pledged to, the Corporation, shall, upon conviction thereof, be punished by a fine of not more that $10,000 or by imprisonment for not more than five years, or both.”

Appellant claims: (1) That the court erred in denying his motions for judgment of acquittal because (a) there was no substantial evidence that the property taken by appellant was owned by the Commodity Credit Corporation and (b) there was no substantial evidence of appellant’s intent to steal from the Commodity Credit Corporation, or from anyone else, and (2) that the court erred in denying a motion for a new trial on the ground of the admission into evidence of a document which was not connected with the offense charged and which was highly prejudicial to…

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