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UNITED STATES v. CAPOCCI

No. 7608.

433 F.2d 155 (1970)

UNITED STATES of America, Appellee, v. Thomas E. CAPOCCI, Defendant, Appellant.

United States Court of Appeals, First Circuit.

October 13, 1970.

Attorney(s) appearing for the Case

L. Johnson Callas, Boston, Mass., by appointment of the Court, for appellant.

Wayne B. Hollingsworth, Asst. U. S. Atty., with whom Herbert F. Travers, Jr., U. S. Atty., was on the brief, for appellee.

Before ALDRICH, Chief Judge, and McENTEE and COFFIN, Circuit Judges.

McENTEE, Circuit Judge

After a trial by jury, the defendant Capocci was convicted of passing and uttering a counterfeit $10 Federal Reserve Note with intent to defraud, in violation of 18 U.S.C. § 472 (1964).

The defendant introduced no evidence. The government's evidence showed that on December 11, 1969, Capocci and another man went to the sales booth of one Lorraine Watkins in Filene's Department Store in Boston. Capocci bought two small dolls. As Miss...

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