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UNITED STATES v. GILMARTIN

No. 284.

120 F.2d 206 (1941)

UNITED STATES v. GILMARTIN.

Circuit Court of Appeals, Second Circuit.

May 5, 1941.

Attorney(s) appearing for the Case

Bernard Shatzkin, of Brooklyn, N. Y. (Walter H. W. Luberts, of New York City, and Julian C. Tepper, of Brooklyn, on the brief), for appellant.

Harold M. Kennedy, U. S. Atty., of Brooklyn, N. Y. (Vine H. Smith, Asst. U. S. Atty., of Brooklyn, N. Y., of counsel), for appellee.

Before SWAN, CHASE, and CLARK, Circuit Judges.

PER CURIAM.

The appellant, a clerk in the Inquiry Section of the Brooklyn General Post Office, was convicted of converting to his own use the contents of a package which was intended to be conveyed by mail and came into his possession by virtue of his employment. His contention that the prosecutor failed to produce sufficient evidence to substantiate the charge contained in count 5 of the indictment cannot prevail. An examination of the record convinces us that the...

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