UNITED STATES v. ROSSE

No. 104, Docket 33531.

418 F.2d 38 (1969)

The UNITED STATES of America, Appellee, v. William Walter ROSSE, Appellant.

United States Court of Appeals Second Circuit.

Decided November 6, 1969.


Attorney(s) appearing for the Case

James P. Shanahan, Asst. U. S. Atty. (James M. Sullivan, U. S. Atty., for the Northern District of New York, on the brief), for appellee.

John L. McMahon, Saratoga Springs, N. Y., for appellant.

Before LUMBARD, Chief Judge, and WATERMAN and KAUFMAN, Circuit Judges.


LUMBARD, Chief Judge:

William Rosse, a postman, was found guilty by a jury of stealing $8 from the mails in violation of 18 U.S.C. § 1709 (1964). He was sentenced to a term of thirty days imprisonment on the first count of the two count indictment and two years imprisonment on the second count, with the later term suspended and probation of three years imposed. We affirm.

Rosse first renews his claim, originally advanced before Judge Foley at a pre-trial...

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