Brown (D) was charged with stealing cockatiels worth more than $100. D heard of a shipment of birds, went to the airline terminal, and took them. One of the parties present was a man by the name of Proulx who first heard of the shipment, then had informed D, and even went to the airport with D, but claims that he never heard any chirping or saw the contents of the box when D returned from the airline terminal. Proulx was treated as a hostile witness. D was convicted and appealed.

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