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UNITED STATES v. JOHNSON

No. 389, Docket 28633.

331 F.2d 281 (1964)

UNITED STATES of America, Appellee, v. Robert JOHNSON and Charles Pheribo, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided April 24, 1964.

Attorney(s) appearing for the Case

David M. Dorsen, Asst. U. S. Atty., for Southern Dist. of New York (Robert M. Morgenthau, U. S. Atty., and Peter H. Morrison, Asst. U. S. Atty., on the brief), for appellee.

Joseph I. Stone of Stone & Diller, New York City, for defendant-appellant Robert Johnson.

H. Elliot Wales, New York City, for defendant-appellant Charles Pheribo.

Before LUMBARD, Chief Judge, and FRIENDLY and HAYS, Circuit Judges.

PER CURIAM.

In these appeals from judgments of conviction for the theft of chattels moving in interstate commerce, 18 U.S.C. § 659 (1958), appellants raise, in addition to the usual challenge to the sufficiency of the evidence, a number of specific claims of error: (1) denial of Pheribo's request for a free transcript of the minutes of the first trial, which ended in a mistrial, for use at the second trial, (2) denial of Pheribo's application for an order directing...

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