United States v. Joe Lee Morgan

KENT, Circuit Judge.

The defendant-appellant was convicted under both counts of a two-count indictment charging that he concealed and possessed property stolen from an interstate shipment of freight in violation of Title 18 U.S.C. § 659.

In this appeal he raises the issues as to whether the jury’s verdict of guilty is supported by substantial evidence and whether the concurrent five-year sentences were excessive. Relying upon dicta contained in some decisions of this Court the appellant asserts that the test of the sufficiency of circumstantial evidence is whether or not the jury could…