UNITED STATES v. KIRBY

No. 275, Docket 21270.

176 F.2d 101 (1949)

UNITED STATES v. KIRBY.

United States Court of Appeals Second Circuit.

Decided August 1, 1949.


Attorney(s) appearing for the Case

William R. Perdue, Jr., New York City, for appellants.

John F. X. McGohey, U. S. Atty., New York City (Bruno Schachner, Roy M. Cohn and Daniel H. Greenberg, Assistant United States Attorneys, New York City, of counsel), for appellee.

Before SWAN and CHASE, Circuit Judges, and SMITH, District Judge.


CHASE, Circuit Judge:

The appellants were tried by jury on an indictment charging them and one Burton with having in their possession in violation of Title 18 U.S.C.A. § 317 [now § 1708] the contents of a letter, that is to say, a check for twenty dollars, which they knew had been stolen from the mails. Burton pleaded guilty and testified for the government. Both the others were convicted and all have been sentenced, the appellants being imprisoned.

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