SMITH v. UNITED STATES

Nos. 17838, 17839.

344 F.2d 545 (1965)

Roy A. SMITH, Jr., Appellant, v. UNITED STATES of America, Appellee. Cornelius ANDERSON, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

April 6, 1965.


Attorney(s) appearing for the Case

Mr. Alexander Boskoff (appointed by this court), Washington, D. C., for appellants.

Mr. Alan Kay, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., and Frank Q. Nebeker and Harold Titus, Asst. U. S. Attys., were on the brief, for appellee.

Mr. William H. Willcox, Asst. U. S. Atty., also entered an appearance for appellee in No. 17838.

Before BAZELON, Chief Judge, and WILBUR K. MILLER, Senior Circuit Judge, and WASHINGTON, Circuit Judge.


BAZELON, Chief Judge:

Appellants were convicted on two counts of unauthorized use of an automobile and one count of interstate transportation of a stolen automobile. A stolen automobile transmission had been seen by police in a search, without a warrant, of appellants' automobile trunk. One count in the present conviction involves theft of this transmission. At trial two witnesses, Hardy and Donaldson, testified that appellants had sold this transmission to Hardy...

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