MALVEZZI v. UNITED STATES

No. 4168.

2 F.2d 954 (1924)

MALVEZZI et al. v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

December 12, 1924.


Attorney(s) appearing for the Case

Jere Horne and Charles M. Bryan, both of Memphis, Tenn. (Thos. J. Walsh, Ernest S. Bell, Chas. M. Bryan, Prewitt Semmes, and Arthur G. Brode, all of Memphis, Tenn., on the brief), for plaintiffs in error.

W. H. Fisher, Asst. U. S. Atty., of Memphis, Tenn. (S. E. Murray, U. S. Atty., and A. A. Hornsby, Asst. U. S. Atty., both of Memphis, Tenn., on the brief), for the United States.

Before DENISON, MACK, and DONAHUE, Circuit Judges.


PER CURIAM.

1. In our judgment, the second count, by its reference to and incorporation of the allegations of the first count, fully charges the crime of which defendants were convicted, viz. that of receiving goods stolen while being transported in interstate commerce, with knowledge that they had been stolen.

2. This case was tried before the announcement of our opinions in the Wallace Case, 291 F. 972, the Parker Case, 2 F.2d 710

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