UNITED STATES v. THOMAS

Nos. 365, 370, Dockets 26264, 26124.

282 F.2d 191 (1960)

UNITED STATES of America, Appellee, v. Lawrence THOMAS and Michael Angelo Balducci, Appellants.

United States Court of Appeals Second Circuit.

Decided August 26, 1960.


Attorney(s) appearing for the Case

Anthony F. Marra, New York City, for Lawrence Thomas (Theodore Krieger, on the brief).

C. Joseph Hallinan, Jr., New York City, for Michael Angelo Balducci.

James G. Starkey, Asst. U. S. Atty., New York City (S. Hazard Gillespie, Jr., U. S. Atty. for the Southern Dist. of New York, and David R. Hyde, Asst. U. S. Atty., New York City, on the brief), for appellee.

Before WATERMAN, MOORE and HAMLIN, Circuit Judges.


LEONARD P. MOORE, Circuit Judge.

Defendants Balducci and Thomas have been convicted by a jury of violating Title 18 U.S.C.A. § 659, Thomas with the theft of goods moving in interstate commerce and Balducci with knowing possession of the stolen goods subsequent to the theft. Upon his appeal Thomas urges as error (1) that effective cross-examination of the government's principal witness against him upon the vital issue of felonious intent was thwarted by the destruction...

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