United States v. Werthman

Opinion of the Court

-George W. Latimer, Judge:

This case involves a relatively simple proposition of law which arises out of a transaction collateral to the guilt or innocence of the accused. For orientation purposes, a short statement of facts is considered desirable. Contrary to the usual rule, we will present the evi*442dence in a light most favorable to the accused.

I

On April 21, 1953, the accused secured a fifty-five gallon drum of wood preservative from the Air Force Base and sold it to a civilian contractor. It was stipulated at the trial that the value of the property converted was more…