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McELHENY v. UNITED STATES

No. 10690.

146 F.2d 932 (1944)

McELHENY v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

December 28, 1944.

Attorney(s) appearing for the Case

Chas. L. Gilmore, of Sacramento, Cal., for appellant.

Frank J. Hennessy, U. S. Atty., of San Francisco, Cal., and Emmet J. Seawell and Thomas O'Hara, Asst. U. S. Attys., both of Sacramento, Cal., for appellee.

Before WILBUR, DENMAN, and MATHEWS, Circuit Judges.

MATHEWS, Circuit Judge.

Appellant was indicted in six counts. Count 1 charged that appellant took and carried away for his own use, with intent to steal and purloin, certain property of the United States.1 Each of the other counts charged that appellant had in his possession, with intent to convert to his own use and gain, certain property of the United States which had theretofore been stolen, knowing the same to have been so stolen....

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