United States v. Carl S. Petersen, Defendant- United States of America v. Joseph Arthur Zappia, Jr.

OPINION

Before MERRILL and TRASK, Circuit Judges, and JAMESON, * District Judge.

TRASK, Circuit Judge:

These consolidated appeals are from conviction at a jury trial of conspiracy to dispose of property of the United States without authority in violation of 18 U.S.C. § 371 (conspiracy to defraud) and 18 U.S.C. § 641 (embezzlement or theft of property of the United States).

The case arose out of transactions instituted by the manager of the Smithsonian Astrophysical Observatory facility at Mt. Hopkins near Amado, Arizona. The manager, Charles Tougas, was a co-defendant below but is not joined in…