DUFFY, Senior Circuit Judge.
In May 1967, defendant and one Richard Malone were indicted on the charge of theft from an interstate shipment in violation of 18 U.S.C. § 659. The one count indictment charged that on February 23, 1967, Malone and Fusco stole 470 gallons of gasoline from a motor truck operated by Mobil Oil Corporation.
Malone entered a plea of guilty and testified for the Government. Fusco pled not guilty and was tried before a jury and found...
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