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UNITED STATES v. BENSON

No. 16826.

369 F.2d 569 (1966)

UNITED STATES of America, Plaintiff-Appellee, v. Frank Millard BENSON, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

December 15, 1966.

Attorney(s) appearing for the Case

G. Edward Friar, Knoxville, Tenn., for appellant.

G. Wilson Horde, Knoxville, Tenn., for appellee, J. H. Reddy, U. S. Atty., Ottis B. Meredith, Asst. U. S. Atty., Knoxville, Tenn., on the brief.

Before O'SULLIVAN and PHILLIPS, Circuit Judges, and CECIL, Senior Circuit Judge.

O'SULLIVAN, Circuit Judge.

Appellant, Frank Millard Benson, was convicted by a jury of "storing" a stolen motor vehicle, in violation of 18 U.S.C. § 2313. In the first count of a three-count indictment, Benson was charged, with two others (Holloway and Smith), with "concealing" the stolen motor vehicle; in count two the three were charged with "receiving" it; count three charged Benson, alone, with "storing" it.

Upon the government's motion, nolle prosequi...

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