Gilbert v. United States

DANAHER, Circuit Judge.

Appellant and one Ward were indicted on two counts of violation of the D.C. Code (1951), the first charging theft of a truck and a paint spray pump, § 22-2201, and the second charging the unauthorized use of a motor vehicle within the meaning of § 22-2204. Appellant asserts the trial judge erred in denying his motion for the direction of a judgment of acquittal on the ground that the Government failed to establish by proof beyond a reasonable doubt that appellant had necessary guilty knowledge and intent. Both accused were convicted. Ward did not appeal.

The truck…