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UNITED STATES v. PILE

No. 12260.

256 F.2d 954 (1958)

UNITED STATES of America, Plaintiff-Appellee, v. Charles PILE and Wilbur Eugene Higgins, Defendants-Appellants.

United States Court of Appeals Seventh Circuit.

Rehearing Denied July 28, 1958.

Attorney(s) appearing for the Case

Thurman M. De Moss, Elba L. Branigin, Jr., Franklin, Ind., for appellants.

Don A. Tabbert, U. S. Atty., John C. Vandivier, Jr., Asst. U. S. Atty., Indianapolis, Ind., for appellee.

Before DUFFY, Chief Judge, and HASTINGS and PARKINSON, Circuit Judges.

HASTINGS, Circuit Judge.

Appellants, Charles Pile and Wilbur Eugene Higgins, were tried and convicted on a charge of having in their possession fifty-six cases of alcoholic liquors, part of an interstate shipment which had been stolen from a motor truck carrier, in violation of 18 U.S.C.A. § 659, and each was sentenced by the trial court to be imprisoned for a period of two years. Error is alleged on this appeal in the failure of the district court to grant appellant...

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