This section contains the nature of the case and procedural background.

Wilson (D) was an employee in a department of the United States Department of Health Education and Welfare, which was abolished. D had no work to do for several months but still remained on the payroll during the reorganization. D asked his secretary to type some reports for his private business enterprise. She agreed and did the work without avoiding any work she should have done for the government. D was convicted of converting government property in using secretarial services for personal use. The district court held that D had no specific intent to convert government property and granted his motion for acquittal. The United States appealed.

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