Texas-Oklahoma Express, Inc., and Lee Armstrong v. United States

SETH, Circuit Judge.

The defendants were charged by information with a violation of a Regulation of the Department of Transportation promulgated under 18 U.S.C. § 834. The Regulation provides: “Motor vehicles transporting class A or class B explosives shall not be left unattended at any time during the course of transportation.” 49 C.F.R. § 397.1(b) (1969).

Upon trial to the court without a jury the defendants were found guilty and fined. They have now taken this appeal which challenges the sufficiency of the evidence to prove that the vehicle was “unattended,” and to prove that the Regulation…