George Daniel Girton v. United States, 383 F.2d 404 (9th Cir. 1967). · Go Syfert
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George Daniel Girton v. United States, 383 F.2d 404 (9th Cir. 1967). Cases Citing This Book View Copy Cite
5 citation events across 4 distinct courts.
Strongest positive: United States v. Michael Eugene Zepin (ca5, 1976-06-11)
Top citers, strongest first. 1 distinct citer. How cited ↗
cited Cited "see" United States v. Michael Eugene Zepin
5th Cir. · 1976 · signal: see · confidence high
Id. at 5 (emphasis added; footnotes omitted); see Girton v. United States, 383 F.2d 404 (9th Cir. 1967).
Retrieving the full opinion text from the archive…
George Daniel GIRTON, Appellant,
v.
UNITED STATES of America, Appellee
21546.
Court of Appeals for the Ninth Circuit.
Aug 11, 1967.
383 F.2d 404
Robert J. Emmons, Great Falls, Mont., for appellant., Moody Brickett, U. S. Atty., Arthur W. Ayers, Jr., Asst. U. S. Atty., Billings, Mont., for appellee.
Chambers, Johnsen, Koelsch, Per Curiam.
Cited by 5 opinions  |  Published
PER CURIAM:

The judgment of conviction is affirmed.

The court rejects the constitutional challenge on the Dyer Act. United States v. Turley, 352 U.S. 407, 77 S. Ct. 397, 1 L.Ed.2d 430.

It is true that the “owner” did not have a good title for the automobile, the subject of the stealing by Girton. But she had lawful possession, which we hold was enough. In another case, we can decide whether the possession of a thief is good enough under the Dyer Act for the conviction of a second thief.

We do not regard the failure to arraign appellant was prejudicial error, per se. And no real prejudice is suggested. Merritt v. Hunter, 10 Cir., 170 F.2d 739. Appellant could have called this oversight to the attention of the trial court before the trial started.