Kuhn v. United States

DIETRICH, Circuit Judge.

Upon a re-examination of the record, we have concluded that we were in error in holding the evidence sufficient to warrant a finding beyond reasonable doubt that the defendant Moon participated in the enterprise, with knowledge of its unlawful character. The most material circumstance against him is that he was on or about the Talbot the night the arms were taken on board. But they were in bo-xes or cases, and he may very well have been ignorant of the contents, or of their destination. We think, too, we failed to attach due significance to the fact that Borresen, who…