UNITED STATES v. LAWINSKI

No. 10528.

195 F.2d 1 (1952)

UNITED STATES v. LAWINSKI.

United States Court of Appeals Seventh Circuit.

Rehearing Denied April 18, 1952.


Attorney(s) appearing for the Case

Simon Herr, Chicago, Ill., for appellant.

Otto Kerner, Jr., U. S. Atty. Daniel P. Ward, Asst. U. S. Atty, Chicago, Ill., for appellee.

Before MAJOR, Chief Judge, and DUFFY and LINDLEY, Circuit Judges.


LINDLEY, Circuit Judge.

Defendant was charged in an indictment in seven counts with the unlawful transportation in interstate commerce of seven stolen Chevrolet automobiles, knowing the same to have been stolen, in violation of Section 2312, Title 18 U.S.C. In view of a variance between the averments and the proof, Count 4 was not submitted to the jury. Upon Counts 1, 2, 3, 5, 6 and 7 the jury returned a verdict of guilty....

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