No. 295, Docket 27973.

315 F.2d 362 (1963)

UNITED STATES of America, Appellee, v. Paul DE FINA, Appellant.

United States Court of Appeals Second Circuit.

Decided March 26, 1963.

Attorney(s) appearing for the Case

Theodore Krieger, New York City, for appellant.

Robert M. Morgenthau, U. S. Atty. for Southern District of New York (Charles A. Stillman, Sheldon H. Elsen, Asst. U. S. Attys., of counsel), for appellee.

Before WATERMAN and KAUFMAN, Circuit Judges, and WEINFELD, District Judge.


After a trial before a judge sitting without jury appellant was convicted under 18 U.S.C. § 6591 of having stolen eight cases of Scotch whiskey, part of an arriving foreign shipment of freight and express, from a wharf at Pier 51, North River, New York. Appellant long-shoreman did not testify in his own behalf. The evidence is conclusive that appellant stole the whiskey. In fact, he was apprehended while driving away an...

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