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UNITED STATES v. ALLEN

No. 30, Docket 20283.

159 F.2d 594 (1946)

UNITED STATES v. ALLEN.

Circuit Court of Appeals, Second Circuit.

On Reargument January 10, 1947.

Writ of Certiorari Denied March 17, 1947.

Attorney(s) appearing for the Case

John F. X. McGohey, of New York City (Thomas F. Murphy, Thomas F. Burchill, Jr., and Bruno Schachner, all of New York City, of counsel), for plaintiff-appellee.

Goldstein & Goldstein, of New York City (David Goldstein and Lawrence Kovalsky, both of New York City, of counsel), for defendant-appellant.

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

Writ of Certiorari Denied March 17, 1947. See 67 S.Ct. 979.

FRANK, Circuit Judge.

Without doubt, there was sufficient evidence (1) that defendant knowingly had possession of the package and (2) that the package contained the stamps. But more was essential: The defendant could not be convicted absent evidence that he knew the contents of the package. In that respect the evidence was insufficient.

True, Epstein testified that he asked Allen "where he...

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