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ESCALANTE v. UNITED STATES

No. 15445.

228 F.2d 61 (1955)

Salvador ESCALANTE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

December 7, 1955.

Attorney(s) appearing for the Case

Joseph A. Calamia, El Paso, Tex., for appellant.

Holvey Williams, Asst. U. S. Atty., El Paso, Tex., Russell B. Wine, U. S. Atty., San Antonio, Tex., Wm. Monroe Kerr, Asst. U. S. Atty., Midland, Tex., for appellee.

Before HOLMES, RIVES and CAMERON, Circuit Judges.

RIVES, Circuit Judge.

Appellant and two co-defendants were convicted of stealing, having in their possession knowing the property to have been stolen, and conspiring to steal and so possess, 40 bedspreads which were part of an interstate shipment of freight in violation of Sections 659 and 371, Title 18 United States Code. Appellant insists that the district court erred in denying his motion for judgment of acquittal because there was no substantial evidence to identify...

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