UNITED STATES v. BRADY

No. 364, Docket 33830.

421 F.2d 681 (1970)

UNITED STATES of America, Appellee, v. Samuel BRADY, Appellant.

United States Court of Appeals Second Circuit.

Decided January 20, 1970.


Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, for appellee (Thomas J. Fitzpatrick and Lars I. Kulleseid, Asst. U. S. Attys., on the brief).

Thomas D. Edwards, New York City, for appellant.

Before MOORE and KAUFMAN, Circuit Judges, and RYAN, District Judge.


RYAN, District Judge:

Appellant and his co-defendant, Thomas Sanders, who did not appeal, were convicted on two counts charging embezzlement of packages by Postal Service employees in violation of 18 U.S.C. Section 1709. The evidence at the trial below may be fairly summarized as follows:

Appellant, Sanders and an unidentified companion were observed on August 18, 1968, a Sunday afternoon, in front of a schoolyard on East 148 Street, in the County of the Bronx...

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