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UNITED STATES v. NICKERSON

No. 13426.

303 F.2d 666 (1962)

UNITED STATES of America, Plaintiff-Appellee, v. John David NICKERSON, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

May 31, 1962.

Attorney(s) appearing for the Case

Jerry P. Belknap, Richard E. Deer, Indianapolis, Ind., for appellant.

Kenneth C. Raub, U. S. Atty., Fort Wayne, Ind., Philip Carlton Potts, U. S. Atty., South Bend, Ind., Arthur L. Burnett, Attorney, U. S. Department of Justice, Washington, D. C., for appellee.

Herbert J. Miller, Jr., Asst. Atty. Gen., Criminal Division. Alfred W. Moellering, U. S. Atty., Department of Justice.

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

HASTINGS, Chief Judge.

This is an appeal from a judgment of conviction for a violation of Title 18 U.S.C.A. § 659.1

Defendant John David Nickerson and one Juneus Smith were charged in a one-count indictment with theft of soap and margarine2 of a value in excess of $100 from an interstate shipment of freight taken from a trailer located in a parking lot in Hammond, Indiana on or about March 5, 1961...

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