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United States v. Anstead

United States Court of Appeals, Fourth Circuit
Nov 22, 1971
451 F.2d 314 (4th Cir. 1971)

Opinion

No. 71-1556.

November 22, 1971.

J. Michael Anderson, Charleston, W. Va., on brief for appellant.

W. Warren Upton, U.S. Atty., on brief for appellee.

Appeal from the United States District Court for the Southern District of West Virginia.

Before WINTER, CRAVEN and BUTZNER, Circuit Judges.


Ronnie Shearin Anstead appeals his conviction in the United States District Court for the Southern District of West Virginia of having unlawfully transported or caused to be transported, in violation of 18 U.S.C.A. § 2312, a stolen motor vehicle which was removed from the State of Ohio to the State of West Virginia. He alleges that the trial judge committed reversible error by instructing the jury as to the inference it could draw from proof of possession of recently stolen property. Anstead considers the instruction to be an unconstitutional burden on the exercise of his right not to testify. We reject this ground of appeal. The trial judge carefully told the jury that possession may be satisfactorily explained by facts independent of testimony from the accused. The trial judge also reiterated that the accused was not required by law to produce any evidence. United States v. Williams, 405 F.2d 14 (4th Cir. 1968); see also, Wilson v. United States, 162 U.S. 613, 16 S.Ct. 895, 40 L.Ed. 1090 (1896); United States v. Smith, 407 F.2d 35 (4th Cir. 1969); United States v. Smith, 446 F.2d 200 (4th Cir. 1971); United States v. Ross, 424 F.2d 1016, 1020 (4th Cir. 1970).

We dispense with oral argument and the conviction below is

Affirmed.


Summaries of

United States v. Anstead

United States Court of Appeals, Fourth Circuit
Nov 22, 1971
451 F.2d 314 (4th Cir. 1971)
Case details for

United States v. Anstead

Case Details

Full title:UNITED STATES OF AMERICA, APPELLEE, v. RONNIE SHEARIN ANSTEAD, APPELLANT

Court:United States Court of Appeals, Fourth Circuit

Date published: Nov 22, 1971

Citations

451 F.2d 314 (4th Cir. 1971)