GREEN v. UNITED STATES

No. 16871.

307 F.2d 678 (1962)

William GREEN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided July 5, 1962.


Attorney(s) appearing for the Case

Mr. Ky P. Ewing, Jr., Washington, D. C. (appointed by this court), for appellant.

Mr. Harold H. Titus, Jr., Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Nathan J. Paulson and Joel D. Blackwell, Asst. U. S. Attys., were on the brief, for appellee.

Before WILBUR K. MILLER, Chief Judge, and BAZELON and BURGER, Circuit Judges.


PER CURIAM.

Appellant was found guilty on two of nine counts charging him and a co-defendant with theft and possession of stolen mail matter. 18 U.S.C. § 1708 (1958). The trial court's refusal to direct an acquittal as to appellant was clearly correct since the evidence left a distinct issue as to illegal possession of recently stolen property which was for the jury to resolve. Appellant's contention that the trial court should have given an instruction on circumstantial...

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