Salvador Escalante v. United States

RIVES, Circuit Judge.

Appellant and two co-defendants were convicted of stealing, having in their possession knowing the property to have been stolen, and conspiring to steal and so possess, 40 bedspreads which were part of an interstate shipment of freight in violation of Sections 659 and 371, Title 18 United States Code. Appellant insists that the district court erred in denying his motion for judgment of acquittal because there was no substantial evidence to identify him as one of the guilty parties.

The theft occurred between 12 noon and 1:00 p. m. Immediately thereafter, two men were seen…