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STEVENS v. UNITED STATES

Nos. 17426, 17427.

319 F.2d 733 (1963)

Richard STEVENS, Appellant, v. UNITED STATES of America, Appellee. John A. MACKEY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 2, 1963.

Petition for Rehearing Denied June 11, 1963.

Attorney(s) appearing for the Case

Mr. Donald L. Morgan, Washington, D. C., with whom Mr. Robert C. Barnard, Washington, D. C. (both appointed by this court), was on the brief, for appellants.

Mr. Robert A. Levetown, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Frank Q. Nebeker and William H. Collins, Jr., Asst. U. S. Attys., were on the brief, for appellee. Mr. Barry I. Fredericks, Asst. U. S. Atty., also entered an appearance for appellee in No. 17427.

Before WILBUR K. MILLER, BURGER and WRIGHT, Circuit Judges.

Petition for Rehearing En Banc Denied En Banc June 11, 1963.

BURGER, Circuit Judge.

Stevens and Mackey were indicted, tried and convicted of the crime of unauthorized use of a motor vehicle. Each was sentenced to a term of 16 months to 4 years imprisonment. Each defendant has appealed his conviction.

The government called one Gertrude Lewis and established that she was the owner of a 1962 Chevrolet four-door sedan. She testified that on the morning...

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