PECK, Circuit Judge.
On the evening of September 3rd, 1968, a truck belonging to the defendant-appellant (hereinafter "defendant") was stolen, and he promptly reported its theft to the police. Later that evening it was discovered. It was loaded with stolen building material which was removed from the truck, which was then driven to police premises. On the following day, police noticed and opened a small tool box which was on the truck and found it to contain tools...
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