UNITED STATES v. WINBUSH

No. 19801.

428 F.2d 357 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Cecil WINBUSH, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

June 4, 1970.


Attorney(s) appearing for the Case

Carol G. Emerling (Court-appointed), Cleveland, Ohio, on brief for appellant.

Robert B. Krupansky, U. S. Atty., Timothy J. Potts, Asst. U. S. Atty., Cleveland, Ohio, on brief for appellee.

Before WEICK, EDWARDS, and McCREE, Circuit Judges.


McCREE, Circuit Judge.

This is a direct appeal from a judgment of conviction of possession of stolen mail in violation of 18 U.S.C. § 1708. Two issues are presented: (1) whether the District Court erred in admitting into evidence property found on appellant's person by a hospital aide, and, (2) whether the court's instruction that possession of recently stolen property permits the inference that the possessor knew the property was stolen was erroneous.

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