James Kenneth Julian v. United States

The judgment of conviction is reversed.

Julian was found asleep in Las Vegas, Nevada, in a car that had recently been stolen in Texas. He was convicted under the Dyer Act, interstate transportation of stolen property.

If Julian clearly had possession, well established applicable presumptions would operate to justify the conviction.

The checkbook and savings passbook of the last lawful possessor in Texas of the car, an officer of the corporation which owned the car, were found in Julian’s pocket. The owner had left these in the car. The conclusion from that, that Julian had possession of the car…