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UNITED STATES v. MOONEY

No. 19579.

417 F.2d 936 (1969)

UNITED STATES of America, Appellee, v. Ernest Esco MOONEY, Appellant.

United States Court of Appeals Eighth Circuit.

November 19, 1969.

Attorney(s) appearing for the Case

George J. Miller, of Miller & Buechner, St. Louis, Mo., for appellant and filed brief.

John A. Newton, Asst. U. S. Atty., St. Louis, Mo., for appellee; Daniel Bartlett, Jr., U. S. Atty., was on the brief with Mr. Newton.

Before VOGEL, BLACKMUN and BRIGHT, Circuit Judges.

VOGEL, Circuit Judge.

Ernest Esco Mooney, the appellant herein, was tried on a single-count indictment for possession of a check stolen from the mails knowing it to have been stolen.1 This is a timely appeal from his conviction by a jury and imposition of a four-year sentence.

Although the testimony in the case is uncontradicted — the appellant not testifying and offering nothing in his defense — there are, inter...

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