George Daniel Girton v. United States

Ninth Circuit

George Daniel Girton v. United States

383 F.2d 404

CourtCourt of Appeals for the Ninth Circuit

DecidedAugust 11, 1967

Docket21546

StatusPublished

Cited by5 cases

This text of 383 F.2d 404 (George Daniel Girton v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

George Daniel Girton v. United States, 383 F.2d 404 (9th Cir. 1967).

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Opinion

PER CURIAM:

The judgment of conviction is affirmed.

The court rejects the constitutional challenge on the Dyer Act. United States v. Turley, 352 U.S. 407, 77 S. Ct. 397, 1 L.Ed.2d 430.

It is true that the “owner” did not have a good title for the automobile, the subject of the stealing by Girton. But she had lawful possession, which we hold was enough. In another case, we can decide whether the possession of a thief is good enough under the Dyer Act for the conviction of a second thief.

We do not regard the failure to arraign appellant was prejudicial error, per se. And no real prejudice is suggested. Merritt v. Hunter, 10 Cir., 170 F.2d 739. Appellant could have called this oversight to the attention of the trial court before the trial started.

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