W. H. Wattenburg and William P. Owens v. United States

HAMLEY, Circuit Judge:

W. H. Wattenburg and William P. Owens were jointly charged, tried before a jury, and convicted, of stealing and conspiring to steal approximately one thousand red fir trees, Christmas-tree size, belonging to the United States. On their appeals, consolidated for disposition here, they argue that neither count of the indictment states an offense, the trial court erred in denying their motions to suppress certain evidence, admissible evidence was prejudicially excluded, the evidence does not support the convictions, and the court erred in instructing the jury.

We first…