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UNITED STATES v. McINTOSH

No. 22538.

426 F.2d 1231 (1970)

UNITED STATES of America v. Wendell McINTOSH, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided March 11, 1970.

Attorney(s) appearing for the Case

Mr. Worth Rowley, Washington, D. C. (appointed by this court), for appellant.

Mr. Edwin K. Hall, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., John A. Terry and Daniel Harris, Asst. U. S. Attys., were on the brief, for appellee. Mr. David G. Bress, U. S. Atty., at the time the record was filed, also entered an appearance for appellee.

Before BAZELON, Chief Judge, and TAMM and MacKINNON, Circuit Judges.

MacKINNON, Circuit Judge:

Appellant was convicted of mail theft of a cardboard box at the Union Station. Evidence at his trial showed that Post Office personnel saw him leaving a mail area near the passenger gates at Union Station carrying a mailed cardboard box. When a postal supervisor asked him about the box he was carrying, appellant said that it was his, but later when it became apparent from examination that it was...

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