Otis Hedges Ashley and Dewey Arnold Cody v. United States

SIMPSON, Circuit Judge:

Appellants were indicted for knowingly transporting stolen cineboxes 1 from Miami, Florida, to Mobile, Alabama and Morgan City, Louisiana, in violation of Title 18, U.S.C. § 2314. They were tried to a jury and convicted. Appellant Cody received an eighteen month sentence while Ashley was sentenced to a three year term.

The appellants urge that the trial court erred (1) because a police report based on hearsay was admitted into evidence, and (2) because the jury was erroneously instructed that unexplained possession of recently stolen property could be considered as an…