UNITED STATES v. BARBOUR

No. 15935.

372 F.2d 666 (1967)

UNITED STATES of America, v. Sylvester N. BARBOUR, Appellant.

United States Court of Appeals Third Circuit.

Decided February 16, 1967.


Attorney(s) appearing for the Case

Sidney Ginsberg, Philadelphia, Pa., for appellant.

Harold S. O'Brian, Asst. U. S. Atty., Philadelphia, Pa. (Drew J. T. O'Keefe, U. S. Atty., Philadelphia, Pa., on the brief), for appellee.

Before STALEY, Chief Judge, and McLAUGHLIN and FORMAN, Circuit Judges.


OPINION OF THE COURT

McLAUGHLIN, Circuit Judge.

Appellant, a United States Post Office employee, was indicted for embezzlement of mail. (18 U.S.C. § 1709). He and his lawyer, together with the district attorney waived a jury trial and submitted the cause "for hearing and decision by the Court." After a trial appellant was found guilty. Imposition of prison sentence was suspended and he was placed on probation for one year. Because the decisional elements...

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