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FITZPATRICK v. UNITED STATES

No. 26170.

410 F.2d 513 (1969)

Kenneth FITZPATRICK, Herbert Thomas Branch, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

April 30, 1969.

Attorney(s) appearing for the Case

Earl Gillian, Montgomery, Ala., Court appointed, for appellants.

Ben Hardeman, U. S. Atty., Montgomery, Ala., Vernol Jansen, Jr., U. S. Atty., Mobile, Ala., Jack B. Patterson, Asst. U. S. Atty., for appellee.

Before WISDOM and GODBOLD, Circuit Judges, and HUGHES, District Judge.

GODBOLD, Circuit Judge:

A jury found appellants guilty of interstate transportation of a stolen motor vehicle in violation of the Dyer Act, 18 U.S.C. § 2312, and they were sentenced to prison terms of thirty months. We find no merit in several errors asserted.1 However, we agree with appellants that the evidence presented by the government was insufficient to support the verdict, and, accordingly, we reverse. Since appellants made...

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