Fletcher Smith, Jr. v. United States

In this appeal from a jury conviction of unauthorized use of an automobile, court-appointed counsel have earnestly and capably pressed upon us a number of points. 1 Principal reliance was had upon a claim that the trial court erred in giving an instruction to the jury that it might infer appellant’s guilt of unauthorized use from the fact, if unexplained, of possession of a car which had undisputedly been taken from its owner without the latter’s consent. The instruction now complained of, although no objection to it was pressed at the trial, is set forth in the margin. 2 Appellant’s…