ALLEN v. UNITED STATES

No. 24508.

387 F.2d 641 (1968)

James Lovelle ALLEN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

January 5, 1968.


Attorney(s) appearing for the Case

Mark Hulsey, Jr., Jacksonville, Fla., for appellant.

Thomas M. Baumer, Allan P. Clark, Asst. U. S. Attys., Jacksonville, Fla., Edward F. Boardman, U. S. Atty., Middle District of Florida, for appellee.

Before BELL, GOLDBERG and DYER, Circuit Judges.


GRIFFIN B. BELL, Circuit Judge:

This appeal is from a conviction on an indictment charging appellant with having unlawfully possessed a welfare check which had been stolen from the United States mails in violation of Title 18 U.S. C.A. § 1708. In the view we take of the case, only one assignment of error need be considered: Was the evidence sufficient to show that the misappropriated welfare check had been stolen from the mails? We hold that it was not and reverse...

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