139 F.2d 198 | 9th Cir. | 1943
Lead Opinion
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
Appellant assigns as error the denial of his motion for a directed verdict. The ground of the motion was that the evidence was insufficient to warrant submission of the case to the jury. There was evidence that the revolver described in the indictment was stolen from G. E. Anderson in Oakland, California, in February, 1939, was in appellant’s possession in Los Angeles, California, on June 18, 1941, and was transported by appellant from Los Angeles, California, to Collins-ville, Illinois, between June 18, 1941, and July 10, 1941, but there was no evidence that appellant knew that the revolver was stolen. Appellee invokes the rule that unexplained possession of recently stolen property “justifies the inference that the possession is guilty possession.”
Judgment reversed.
Section 1(2) of the Act, 15 U.S.C.A. § 901(2) defines “interstate or foreign commerce” as including “commerce between any State * * * and any place outside thereof.”
Section 1(3) of the Act, 15 U.S.C.A. § 901(3) defines “firearm” as including “any weapon, by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosive.”
Wilson v. United States, 162 U.S. 613, 619, 16 S.Ct. 895, 40 L.Ed. 1090. See, also, Boehm v. United States, 2 Cir., 271 F. 454, 457; Rosen v. United States, 2 Cir., 271 F. 651, 655; Donegan v. United States, 2 Cir., 287 F. 641, 647; Weisman v. United States, 8 Cir., 1 F.2d 696, 698; Loftus v. United States, 7 Cir., 46 F.2d 841, 845-846 ; Niederluecke v. United States, 8 Cir., 47 F.2d 888, 889; Bruce v. United States, 8 Cir., 73 F.2d 972, 974; United States v. Seeman, 2 Cir., 115 F.2d 371, 374.
Cf. Van Gorder v. United States, 8 Cir., 21 F.2d 939, 941.
Dissenting Opinion
(dissenting).
I think that under all the circumstances of this case the question of guilt was for the jury.