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UNITED STATES v. WEEKS

No. 209, Docket 28400.

327 F.2d 656 (1963)

UNITED STATES of America, Plaintiff-Appellee, v. Richard A. WEEKS, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided December 23, 1963.

Attorney(s) appearing for the Case

Peter K. Leisure, Asst. U. S. Atty. (Robert M. Morgenthau, U. S. Atty. for Southern District of New York, James M. Brachman, Asst. U. S. Atty., on the brief), for plaintiff-appellee.

Richard A. Weeks, pro se, New York City (Anthony F. Marra, The Legal Aid Society, New York City, on the brief), for defendant-appellant.

Before MOORE, FRIENDLY and KAUFMAN, Circuit Judges.

PER CURIAM.

Appellant was convicted, after a one-day trial without a jury, for a violation of Title 18, United States Code, § 1708. He had been indicted for two alleged violations of this statute. Prior to the swearing of the first witness, defense counsel moved for a direction that the Government elect between the first count, mail theft, and the second count, possession of stolen mail. The trial court reserved decision on this motion until the close of the...

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