UNITED STATES v. DE VIVO

No. 394, Docket 24638.

246 F.2d 773 (1957)

UNITED STATES of America, Appellee, v. Joseph S. DE VIVO, Appellant.

United States Court of Appeals Second Circuit.

Decided July 9, 1957.


Attorney(s) appearing for the Case

Douglas P. Null, New York City, for appellant.

Paul W. Williams, U. S. Atty., for the Southern Dist. of New York, New York City (Robert W. Bjork and Robert Kirtland, Asst. U. S. Atty., New York City, of counsel), for appellee.

Before MEDINA, LUMBARD and WATERMAN, Circuit Judges.


MEDINA, Circuit Judge.

Joseph S. DeVivo was found guilty by a jury on two counts of an indictment charging him with the substantive offense of possession of stolen merchandise with knowledge of the fact that it was stolen (Count 2) and with conspiracy to steal goods from a truck moving in interstate commerce (Count 3), in violation of 18 U.S.C. §§ 371 and 659; and he appeals from the judgment of conviction entered upon the verdict and from the two four-year...

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