James Allen McCreary v. United States

This is an appeal from an order denying a motion, filed under 28 U.S.C.A. § 2255, to set aside a judgment and sentence upon a verdict of a jury finding the appellant guilty of transporting in interstate commerce a stolen motor vehicle.

The only claim made below and here is: that the facts proven in the criminal action did not, under Hite v. United States, 10 Cir, 168 F.2d 973, establish that the automobile was stolen; and that, upon the record, he was entitled to a directed verdict of acquittal and the case should not have been submitted to the jury.

We put to one side the fact that the…