CALDWELL v. UNITED STATES

No. 6539.

351 F.2d 459 (1965)

William Ambrose CALDWELL, Defendant, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals First Circuit.

Decided October 14, 1965.


Attorney(s) appearing for the Case

Michael J. Monahan, Boston, Mass., with whom George F. Foley, Jr., Boston, Mass., was on brief, for appellant.

Edward J. Lee, Asst. U. S. Atty., with whom W. Arthur Garrity, Jr., U. S. Atty., and William B. Duffy, Jr., Asst. U. S. Atty., were on brief, for appellee.

Before ALDRICH, Chief Judge, J. WARREN MADDEN, Senior Judge, Court of Claims, and JULIAN, District Judge.


ALDRICH, Chief Judge.

Defendant was convicted on evidence which he does not, and could not, contend was insufficient, of theft of government property from Massachusetts Institute of Technology's Lincoln Laboratory, so-called, in Lexington, Massachusetts, on July 31, 1964. 18 U.S.C. § 641. On that day defendant was one of three stockroom employees. Theft of small parts from the stockroom had been noted for some period. The defendant had previously been observed...

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