Yet, this Court has often considered claims of insufficient evidence of the identity of the car, or the defendant's possession or the timeliness of the possession. See. e. g., United States v. Martinez, 466 F.2d 679 (5th Cir. 1972), cert. denied, 414 U.S. 1065, 94 S.Ct. 571, 38 L.Ed.2d 469 (1973); United States v. Haynes, 459 F.2d 106 (5th Cir. 1972); United States v. Casey, 428 F.2d 229 (5th Cir.,) cert. denied, 400 U.S. 839, 91 S.Ct. 78, 27 L.Ed.2d 73 (1970); United States v. Roberston, 417 F.2d 873 (5th Cir. 1969); Fitzpatrick v. United States, 410 F.2d 513 (5th Cir. 1969); Hale v. United States, 410 F.2d 147 (5th Cir.), cert. denied, 396 U.S. 902, 90 S.Ct. 216, 24 L.Ed.2d 179 (1969); Paige v. United States, 394 F.2d 105 (5th Cir. 1968); Roberson v. United States. 249 F.2d 737 (5th Cir.), cert. denied, 356 U.S. 919. 78 S.Ct. 704, 2 L.Ed.2d 715 (1958). See also United States v. Brazeal, 464 F.2d 1 (10th Cir. 1972); United States v. Mahanna, 461 F.2d 1110 (8th Cir. 1972); United States v. La Rose, 459 F.2d 361 (6th Cir. 1972); United States v. Peterson, 456 F.2d 1135 (10th Cir. 1972); United States v. Nitti, 444 F.2d 1056 (7th Cir. 1971); United States v. Johnson, 140 U.S.App.D.C. 54, 433 F.2d 1160 (1970); United States v. Turner, 421 F.2d 252 (10th Cir. 1970); Baker v. United States, 395 F.2d 368 (8th Cir. 1968); United States v. Minieri, 303 F.2d 550 (2d Cir.), cert. denied, 371 U.S. 847, 83 S.Ct. 79, 9 L.Ed.2d 81 (1962); Pearson v. United States, 192 F.2d 681 (6th Cir. 1951); United States v.
Mere presence in a stolen automobile is not sufficient to sustain a verdict of guilt on a charge of transporting the automobile in interstate commerce. Camilla v. United States, 207 F.2d 339 (6th Cir. 1953); United States v. Robertson, 417 F.2d 873, 877 (5th Cir. 1969). There must be evidence of possession, actual or constructive, to support a conviction either as a principal or as an aider and abetter.
This was sufficient to establish a prima facie case under the Dyer Act. See United States v. Robertson, 417 F.2d 873, 875 (5th Cir. 1969). Whether the stolen property is in interstate commerce is a question of fact for the jury, see United States v. Baker, 452 F.2d 21, 24 (5th Cir. 1971), cert. denied, 405 U.S. 974, 92 S.Ct. 1195, 31 L.Ed.2d 248 (1972), and there was sufficient evidence before this jury for it to conclude that the vehicles had not yet come to rest within Mississippi.
Under the Dyer Act, possession of a stolen automobile in another state creates an inference of guilty knowledge. See United States v. Smith, 502 F.2d 1250, 1254 (5th Cir. 1974) (quoting Wilson v. United States, 162 U.S. 613, 16 S.Ct. 895, 898, 40 L.Ed. 1090 (1896)); United States v. Robertson, 417 F.2d 873 (5th Cir. 1969). Here, there was the additional evidence provided by Mr. Siewe, general manager of the automobile dealership, linking Ullrich to the automobile while it was in Ohio.
See, e. g., Hale v. United States, 410 F.2d 147, 150 (5th Cir. 1969), and cases assembled in Note 6, page 150. See also, United States v. Fisher, 500 F.2d 683 (5th Cir. 1974); United States v. Martinez, 466 F.2d 679-688 (5th Cir. 1972); United States v. Robertson, 417 F.2d 873, 877 (5th Cir. 1969). The marriage occurred a few days after the incidents described in the wife's testimony, detailed below.
He, like Duren, attempted to conceal his identity and association with the stolen car, and he resisted the fingerprinting process. See United States v. Robertson, 417 F.2d 873 (5th Cir. 1969). Thus, the jury could reasonably and properly conclude from the evidence that Williams was in joint possession of the stolen vehicle with his brother-in-law, Frankie Duren.
"In a Dyer Act case, the government must prove that the car was stolen and that the accused, knowing it to have been stolen, transported it in interstate commerce . . . ." United States v. Robertson, 417 F.2d 873, 875 (5th Cir. 1969). "The possession of a stolen vehicle which if unexplained gives rise to the important inferences of transportation and guilty knowledge, means to have `management, care, dominion, authority and control, singly or jointly' over the vehicle."
Blachly v. United States, 5 Cir. 1967, 380 F.2d 665, 675. See United States v. Crane, 5 Cir. 1971, 445 F.2d 509; United States v. McGlamory, 5 Cir. 1971, 441 F.2d 130; United States v. Robertson, 5 Cir. 1971, 417 F.2d 873. Viewing the evidence in the light most favorable to the government, Glasser v. United States, 1941, 315 U.S. 60, 62 S.Ct. 457, 86 L.Ed. 680, there was substantial evidence from which a jury might reasonably conclude that the defendants were guilty beyond a reasonable doubt of the crimes charged in Counts III and IV. The denial of the motion for judgment of acquittal was therefore proper. Affirmed.
It is, of course, well settled that in reviewing a district court's refusal to direct a verdict of acquittal, this Court can reverse a jury finding of guilty only in the absence of substantial evidence to support it, viewing the evidence in the light most favorable to the government. Glasser v. United States, 315 U.S. 60, 62 S.Ct. 457, 86 L.Ed. 680 (1942); United States v. Robertson, 5th Cir. 1969, 417 F.2d 873; Sanders v. United States, 5th Cir. 1969, 416 F.2d 194. Moreover, it has been repeatedly held in Dyer Act cases that unexplained possession of a vehicle recently stolen in another state permits, although it does not require, inferences that the possessor knew the vehicle was stolen and that he transported it in interstate commerce. United States v. Rawls, supra; United States v. Robertson, supra; United States v. Reed, 5th Cir. 1969, 414 F.2d 435; Hale v. United States, 5th Cir. 1969, 410 F.2d 147. After carefully reviewing the record in light of the aforementioned principles, we have determined that appellant's motion for judgment of acquittal made at the close of all the evidence was properly denied.
See United States v. Jernigan, 5 Cir. 1969, 411 F.2d 471, 473, cert. denied, 396 U.S. 927, 90 S.Ct. 262, 24 L. Ed.2d 225; Graves v. United States, 10 Cir. 1951, 191 F.2d 579, 582; cf. Marcus v. United States, supra, 422 F.2d at 755. See also United States v. Kolsky, 5 Cir. 1970, 423 F.2d 1111, 1113; United States v. Robertson, 5 Cir. 1969, 417 F.2d 873, 875-876; Hale v. United States, 5 Cir. 1969, 410 F.2d 147, 149, cert. denied, 396 U.S. 902, 90 S.Ct. 216, 24 L. Ed.2d 179. The judgment as to Ruby J. Wilson is Affirmed. The appeal of Ray F. Wilson is Dismissed.