United States v. Ronald Joseph Kurka, United States of America v. David Lee Combs

HUG, Circuit Judge:

Appellant Combs was convicted, under criminal statute 18 U.S.C. § 33 (1982), of having damaged, with reckless disregard for the safety of human life, a motor vehicle in interstate commerce. Appellant Kurka was convicted, under 18 U.S.C. § 2 (1982), of having aided and abetted Combs in violating 18 U.S.C. § 33. The dispositive issue presented on appeal is whether “willful” damage to motor vehicles is an essential element of the crime proscribed by 18 U.S.C. § 33. The indictment did not charge that the damage to the vehicle had been done willfully, and the instructions to the…