TILLERY v. UNITED STATES

No. 25266.

411 F.2d 644 (1969)

Horace Addison TILLERY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

May 14, 1969.


Attorney(s) appearing for the Case

Henry Clayton Custer, Albany, Ga., for appellant.

Walker P. Johnson, Tyrus R. Atkinson, Asst. U. S. Attys., Macon, Ga., for appellee.

Before COLEMAN and GOLDBERG, Circuit Judges, and SKELTON, Judge of the Court of Claims.


SKELTON, Judge:

On July 24, 1966, Clardy's Department Store in Montgomery, Alabama, was burglarized, and over $12,000 in televisions, stereo record players, and other merchandise was stolen. Thereafter, Horace Tillery, who owned a business adjacent to the burglarized store, was indicted by a federal grand jury in Macon, Georgia. In Count One, Tillery was charged with violating 18 U.S.C. § 371 (1964), by entering into a conspiracy with Grady Tillery, Leo Weaver...

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