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UNITED STATES v. BARKER

Crim. A. No. 1982.

313 F.Supp. 987 (1970)

UNITED STATES of America, Plaintiff, v. Thomas Bowie BARKER, Defendant.

United States District Court, D. Delaware.

June 29, 1970.

Attorney(s) appearing for the Case

F. L. Peter Stone, U. S. Atty., Wilmington, Del., for plaintiff.

Lawrence M. Sullivan, of Sullivan, Potter & Roeberg, Wilmington, Del., for defendant.

OPINION

LAYTON, District Judge.

Defendant was convicted of transporting goods having a value in excess of $5,000.00 in interstate commerce, knowing them to have been stolen.1 He has moved for a judgment of acquittal under Rule 29(c) F.R.Crim.P. based upon the failure of the Government to offer proof from which a jury might infer, beyond a reasonable doubt, that the merchandise in question was worth at least $5,000.00.

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