UNITED STATES v. O'BRIEN

No. 9759.

174 F.2d 341 (1949)

UNITED STATES v. O'BRIEN et al.

United States Court of Appeals Seventh Circuit.

Rehearing Denied May 19, 1949.


Attorney(s) appearing for the Case

Maurice J. Walsh, of Chicago, Ill., for appellants.

Otto Kerner, Jr., U. S. Atty., and Jack Arnold Welfeld, Asst. U. S. Atty., both of Chicago, Ill., for appellee.

Before MINTON and DUFFY, Circuit Judges, and LINDLEY, District Judge.


MINTON, Circuit Judge.

The defendants were indicted and convicted on a count which charged them with the possession of 27 cases of butter which had been stolen from an interstate shipment, knowing the same to have been stolen. The statute concerned is 18 U.S.C. § 409 [now § 659], the pertinent parts of which read as follows:

"(a) Whoever shall — * * *

"(2) embezzle, steal, or unlawfully take, carry away, or conceal, or by fraud or...

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