Nelson v. United States

CAYTON, Acting Judge.

Appellant was convicted of the larceny of a radio. The important question on her appeal is whether the Government proved ownership of the stolen article.

In the statement of proceedings the radio was described as being the property of “Butler Federal Clothing Stores, Inc.,” though the information did not allege such a corporate status. During cross-examination the Government’s only witness (a saleslady) said that “Mr. Butler” was “the owner of that store.” There was no other testimony as to whether the store was owned individually or by a corporation. The prosecutor did…