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BACKUN v. UNITED STATES

No. 4588.

112 F.2d 635 (1940)

BACKUN v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

June 10, 1940.

Attorney(s) appearing for the Case

G. L. Jones, of Asheville, N. C. (George Maislen, of New York City, and George H. Ward and G. L. Jones, Jr., both of Asheville, N. C., on the brief), for appellant.

W. Roy Francis, Asst. U. S. Atty., of Waynesville, N. C. (Theron L. Caudle, U. S. Atty., of Wadesboro, N. C., and William M. Nicholson, Asst. U. S. Atty., of Lincolnton, N. C., on the brief), for appellee.

Before PARKER, SOPER, and DOBIE, Circuit Judges.

PARKER, Circuit Judge.

This is an appeal from a conviction and sentence under an indictment charging the appellant Backun and one Zucker with the crime of transporting stolen merchandise of a value in excess of $5,000 in interstate commerce, knowing it to have been stolen, in violation of the National Stolen Property Act, 18 U.S.C.A. § 415. Zucker pleaded guilty and testified for the prosecution. There was evidence to the effect that he was apprehended at a pawnshop...

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