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LEARY v. UNITED STATES

No. 15290.

268 F.2d 623 (1959)

John LEARY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Dissenting Opinion June 30, 1959.

Attorney(s) appearing for the Case

Fay Stender and Marvin Stender, San Jose, Cal., for appellant.

Robert H. Schnacke, U. S. Atty., Lynn Gillard, John H. Riordan, Jr., Asst. U. S. Attys., San Francisco, Cal., for appellee.

Before POPE, STEPHENS, FEE, CHAMBERS, BARNES, HAMLEY, HAMLIN, and JERTBERG, Circuit Judges.

BARNES, Circuit Judge.

Appellant was sentenced to a period of six years in a federal penitentiary after conviction by a jury on an indictment charging him with knowing possession of property stolen from a vessel engaged in interstate commerce.1 No question is raised on this appeal as to the evidentiary basis of the conviction or sentence. The record before this Court is sufficient to sustain a verdict of guilty, if the proceedings in the...

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