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LITTON v. UNITED STATES

No. 13898.

177 F.2d 416 (1949)

LITTON v. UNITED STATES.

United States Court of Appeals Eighth Circuit.

Rehearing Denied December 5, 1949.

Attorney(s) appearing for the Case

Elmer Schoggen, Little Rock, Ark. (Ralph Morrow, Little Rock, Ark., was on brief), for appellant.

James T. Gooch, United States Attorney, and W. H. Gregory, Assistant United States Attorney, Little Rock, Ark., for appellee.

Before GARDNER, Chief Judge, and WOODROUGH and COLLET, Circuit Judges.

GARDNER, Chief Judge.

Appellant was convicted on six counts of an indictment, three counts of which charged the breaking of seals on box cars with intent to commit larceny, and three counts of which charged larceny of cigarettes from the box cars alleged to have been broken into, in violation of Section 409 [now §§ 659, 2117], Title 18 U.S.C.A. The offenses were all charged to have been committed within the jurisdiction of the court. In seeking reversal...

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