UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
ROY WILFRED PETERSON, JR., DEFENDANT-APPELLANT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The evidence was sufficient to support the jury's verdict that the defendant transported a stolen vehicle in interstate commerce.
The defendant obtained a vehicle with permission to keep it overnight for financing arrangements but instead drove it across state lines for two weeks…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Intent To Convert cases and more on FLexlaw
PER CURIAM:
Peterson was convicted of transporting a stolen vehicle in interstate commerce in violation of 18 U.S.C. § 2312 [Dyer Act]. On appeal he questions the sufficiency of the evidence to support a jury verdict. We affirm.
Peterson obtained permission from the owners to keep the vehicle overnight in order to arrange financing. Instead he kept the car for two weeks and drove it from San Diego, California, to Detroit, Michigan.
A careful review of the record reveals that the evidence is sufficient to support an inference that appellant, either at the time he obtained the car with the owner’s limited permission, or some time later, before the interstate transportation, intended to convert it to his own use and to deprive the owners of the rights and benefits of ownership. Lake v. United States, 338 F. 2d 787, 789-790 (10th Cir. 1964). See also Compton v. United States, 305 F. 2d 119, 120-121 (9th Cir. 1962); Gerber v. United States, 287 F. 2d 523, 524 (10th Cir. 1961).
Hearing no satisfactory explanation, the jury could infer from Peterson’s possession of the vehicle that he knew it was stolen, especially since he had obtained it from the owners. Cf. McAbee v. United States, 434 F. 2d 361 (9th Cir. 1970).
The question in this case was primarily one of the credibility of the witnesses. The jury resolved the conflicting evidence against Peterson.
Viewing the evidence in the light most favorable to the government, the verdict is supported by the record.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
United States v. Dwaine C. Scott, 452 F.2d 660 (9th Cir. 1971)
Authorities Cited
- Mac McABEE v. United States, 434 F.2d 361 (9th Cir. 1970)
- Gerber v. United States, 287 F.2d 523 (10th Cir. 1961)
- Lake v. United States, 338 F.2d 787 (10th Cir. 1964)
- Compton v. United States, 305 F.2d 119 (9th Cir. 1962)