UNITED STATES v. FOX

No. 189.

126 F.2d 237 (1942)

UNITED STATES v. FOX.

Circuit Court of Appeals, Second Circuit.

February 24, 1942.


Attorney(s) appearing for the Case

Samuel W. Altman, of New York City, for appellant.

John C. Hilly, of New York City, for appellee.

Before L. HAND, CHASE, and FRANK, Circuit Judges.


PER CURIAM.

The accused, Fox, was convicted of possessing with guilty knowledge a carton of silk stolen while it was "part of * * * an interstate * * * shipment." § 409, Title 18 U.S.C.A. He raises only one point; i. e. that the silk when stolen had not yet begun to move in interstate commerce within the meaning of the statute. The facts proved were as follows: The silk was in one of a number of cartons which a New York merchant had packed for shipment to another...

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