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UNITED STATES v. DAY

No. 18085.

394 F.2d 335 (1968)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony R. DAY, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

May 14, 1968.

Attorney(s) appearing for the Case

Robert J. Shockey, Court appointed, Chattanooga, Tenn., for appellant.

John H. Reddy, U. S. Atty., Chattanooga, Tenn., for appellee; Robert A. Scott, Asst. U. S. Atty., Chattanooga, Tenn., on brief.

Before O'SULLIVAN and McCREE, Circuit Judges, and McALLISTER, Senior Circuit Judge.

McCREE, Circuit Judge.

This is an appeal from a conviction, following a jury trial, under an indictment for forcibly breaking into a United States post office with the intent to commit larceny, in violation of 18 U.S.C. § 2115.1 The sole question presented is whether the evidence introduced at the trial is sufficient to sustain the conviction.

The government's evidence was the following:

Superintendent Higdon of the...

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