Stapleton

This is an appeal from a judgment of conviction and sentence imposed by the District Court in Alaska. The appellant Stapleton was tried on an indictment containing three counts alleging theft of certain tools and equipment; three counts alleging receipt of this property, knowing it to have been stolen; and three counts alleging embezzlement of the same property. After pleading not guilty to all counts, Stapleton was found guilty on the three theft counts and was acquitted on the counts alleging receipt of stolen property. The three embezzlement counts were dismissed during the trial at the Government’s request.

The Government’s case showed that Stapleton, an employee of the Fish and Wildlife Service, was engaged in protecting streams from unauthorized fishing, and in this work he operated from his own boat in the vicinity of a mica mine. He frequently visited the camp of this mine. In July, 1955, the camp was left unguarded for a brief period. Shortly thereafter, it was discovered that certain tools and equipment were missing. They were subsequently found in Stapleton’s boat. Stapleton’s defense consisted primarily of his own testimony, uncorroborated, that he had purchased the…