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United States v. Charles Thomas Bryan James Eston Echols Charles Thomas Bryan

By United States Court of Appeals for the Third Circuit

Release : 1973-06-20

Genre : Law, Books, Professional & Technical

Kind : ebook

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This appeal of a conviction for aiding and abetting the theft of a shipment in interstate commerce presents the challenging question of whether a defendant who engineered the theft can be found guilty when his co-defendant, charged with being the crimes principal, is acquitted because he may have been an innocent dupe. Two related questions are involved: (1) was any crime committed when the proof failed to demonstrate that the charged principal had felonious intent; and (2) was there an unconstitutional constructive amendment of the indictment if the evidence is viewed as proving that the defendant charged with aiding and abetting was in fact the principal? We hold that a crime was committed, and that appellant Bryan was proven guilty as charged. The judgment of the district court will, therefore, be affirmed.

United States v. Charles Thomas Bryan James Eston Echols Charles Thomas Bryan

By United States Court of Appeals for the Third Circuit

Release : 1973-06-20

Genre : Law, Books, Professional & Technical

Kind : ebook

(0 ratings)
This appeal of a conviction for aiding and abetting the theft of a shipment in interstate commerce presents the challenging question of whether a defendant who engineered the theft can be found guilty when his co-defendant, charged with being the crimes principal, is acquitted because he may have been an innocent dupe. Two related questions are involved: (1) was any crime committed when the proof failed to demonstrate that the charged principal had felonious intent; and (2) was there an unconstitutional constructive amendment of the indictment if the evidence is viewed as proving that the defendant charged with aiding and abetting was in fact the principal? We hold that a crime was committed, and that appellant Bryan was proven guilty as charged. The judgment of the district court will, therefore, be affirmed.

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