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UNITED STATES v. JOHNSON

No. 496, Docket 30220.

382 F.2d 280 (1967)

UNITED STATES of America, Appellee, v. Daniel F. JOHNSON, Appellant.

United States Court of Appeals Second Circuit.

Decided August 11, 1967.

Attorney(s) appearing for the Case

Carol Ryan, New York City (Anthony F. Marra, New York City, on the brief), for appellant.

Lars I. Kulleseid, Asst. U. S. Atty., Southern District of New York (Robert M. Morgenthau, U. S. Atty., and Robert G. Morvillo, Asst. U. S. Atty., Southern District of New York, on the brief), for appellee.

Before MOORE, FRIENDLY and ANDERSON, Circuit Judges.

PER CURIAM:

The appellant Daniel F. Johnson was found guilty by a jury on two counts of an eight count indictment. Both of the counts charged him with theft of an interstate freight shipment of a value in excess of $100 in violation of 18 U.S.C. § 659. Judgments of conviction were entered against him and he has appealed.

There was evidence to prove the following facts. On August 14, 1964, Elijah Axson, a hand truck delivery man for the Courtney Trucking...

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