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UNITED STATES v. PADILLA

No. 320, Docket 30176.

374 F.2d 782 (1967)

UNITED STATES of America, Appellee, v. Felix PADILLA, Appellant.

United States Court of Appeals Second Circuit.

Decided March 13, 1967.

Attorney(s) appearing for the Case

Phylis Skloot Bamberger, New York City (Anthony F. Marra, New York City, on the brief), for appellant.

John H. Doyle, III, Asst. U. S. Atty., Southern Dist. of New York (Robert M. Morgenthau, U. S. Atty., and Robert G. Morvillo, Asst. U. S. Atty., on the brief), for appellee.

Before MOORE and FRIENDLY, Circuit Judges, and BRYAN, District Judge.

FREDERICK van PELT BRYAN, District Judge:

Felix Padilla has been convicted of the theft of two pairs of women's slacks valued at less than $100, part of an interstate freight shipment, in violation of 18 U.S.C. § 659, after trial before Judge Herlands without a jury in the Southern District of New York.1 On this appeal from the judgment of conviction Padilla's sole contention is that he should not have been convicted because it was...

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