Backun v. United States

Nature of the Case

This was an appeal from a conviction of a charge of transporting stolen merchandise.

Facts

Zucker was apprehended in a pawn shop in North Carolina in possession of a large quantity of silverware. Zucker testified that he had purchased the silverware in New York from Backun (D). Part of the silverware was wrapped in a laundry bag which was connected to Backun by means of a laundry ticket. Backun was convicted and appealed.

Issue

Is the fact that a defendant knows another will buy stolen goods from him and transport them in interstate commerce enough to find guilt of aiding and abetting the criminal transport of that property in interstate commerce?

Holding and Rule of Law

Yes. The fact that a defendant knows another will buy stolen goods from him and transport them in interstate commerce is enough to find guilt of aiding and abetting the criminal transport of that property in interstate commerce.

Guilt as an accessory arises from aiding and assisting the perpetrators, not from having a stake in the outcome. Those who profit by furnishing to criminals the means to carry out a crime aid them just as surely as if they had been actual partners.

The seller’s act aids in the commission of the felony. The court held that in this case this sale was essential to the commission of the felony. Backun knew that Zucker was going to transport the goods in interstate commerce. The court held that there was no doubt that the felony committed by Zucker flowed from the will of both Backun and Zucker and that Backun aided Zucker in the commission of that felony.

Disposition

Conviction reversed on other grounds.