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UNITED STATES v. ALLSENBERRIE

No. 16890.

424 F.2d 1209 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. James ALLSENBERRIE, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

April 17, 1970.

Attorney(s) appearing for the Case

Robert S. Bailey, Chicago, Ill., for appellant.

Thomas A. Foran, U. S. Atty., William T. Huyck, Chicago, Ill., John Peter Lulinski, Michael B. Nash, Asst. U. S. Attys., of counsel, for appellee.

Before KILEY, CUMMINGS and KERNER, Circuit Judges.

KERNER, Circuit Judge.

Defendant-appellant James Allsenberrie was found guilty by a jury under a two-count indictment charging violations of 18 U.S.C. § 659. Count I of the indictment charged the defendant with stealing 17 cartons of merchandise from the Terminal Transport Company on or about November 7, 1966, while the goods were traveling in Interstate Commerce. Count II charged the defendant with possession of 12 of the stolen cartons on November 10, 1966...

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