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O'MALLEY v. UNITED STATES

No. 6858.

378 F.2d 401 (1967)

Roy Thomas O'MALLEY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals First Circuit.

June 6, 1967.

Attorney(s) appearing for the Case

Robert H. Reiter, Washington, D. C., with whom Robert R. Afflick, West Warwick, R. I., was on brief, for appellant.

Alton W. Wiley, Special Asst. U. S. Atty., with whom Edward P. Gallogly, U. S. Atty., was on brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

COFFIN, Circuit Judge.

Defendant, a Chief Petty Officer of the United States Navy, was indicted and convicted for "wilfully and knowingly convert[ing] to his own use a sum approximately $900 of the money and property of the United States which had come into * * * [his] possession * * * by virtue of his employment * * *." 18 U.S.C. § 641.1

The government's evidence showed that defendant was chief commissaryman in charge of...

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