Swartz v. United States

207 F.2d 727

• Court: Court of Appeals for the Ninth Circuit
• Decided: November 23, 1953
• Docket: 13678
• Status: Published

Opinions

PER CURIAM.

Appellant Goodman is proprietor of a company dealing in scrap metal. Appellant Swartz, Goodman’s stepson, is employed in the business. The two were indicted and convicted under Title 18 U.S.C.A. § 641 of concealing, with intent to convert to their own use and gain, property of the United States, namely certain zinc ingots belonging to the Navy, knowing the same to have been stolen. The contention on appeal is that the evidence is insufficient to support the verdicts of guilty, the point having been raised by motion for verdict and judgment of acquittal made at the conclusion of the trial.

There was some competent and substantial evidence before the jury tending fairly to sustain its verdict as regards both appellants. Beyond this it is not our function to inquire. Hemphill v. United States, 9 Cir., 120 F.2d 115; Maugeri v. United States, 9 Cir., 80 F.2d 199, 202.

The judgment is affirmed.