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UNITED STATES v. TURNER

No. 84-69.

421 F.2d 252 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Floyd Edward TURNER, Jr., Defendant-Appellant.

United States Court of Appeals Tenth Circuit.

January 26, 1970.

Attorney(s) appearing for the Case

John S. Castellano, Denver, Colo., for defendant-appellant.

Milton C. Branch, Asst. U. S. Atty. (James L. Treece, U. S. Atty., and David L. Osborn, Asst. U. S. Atty., were with him on the brief) for plaintiff-appellee.

Before TUTTLE, Senior Circuit Judge, and HILL and HOLLOWAY, Circuit Judges.

HOLLOWAY, Circuit Judge.

Appellant Turner seeks to reverse a conviction under 18 U.S.C. § 661 for theft of an automobile in 1968 from a parking lot at Fitzsimons Army Hospital in Denver, Colorado.1 For reversal Turner urges that the Government proof was insufficient on several grounds and claims errors in trial procedure and the instructions. Turner offered no evidence but he challenged the sufficiency of the Government proof by a...

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