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UNITED STATES v. COUSINS

Nos. 24601, 24605.

427 F.2d 382 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Arthur Wilson COUSINS, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Joe Armenta GANO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 28, 1970.

Attorney(s) appearing for the Case

Coit I. Hughes (argued) of Hughes, Hughes & Conlan, Phoenix, Ariz., for appellant Arthur Wilson Cousins.

Noel Levy (argued), John M. Levy, Phoenix, Ariz., for appellant Joe Armenta Gano.

Joseph S. Jenckes (argued) Asst. U. S. Atty., Richard K. Burke, U. S. Atty., Rubin Salter, Jr., Asst. U. S. Atty., Phoenix, Ariz., for appellee.

Before BARNES, HAMLEY and WRIGHT, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

Appellants were indicted and tried jointly for possessing merchandise stolen from an interstate shipment, knowing the same to have been stolen. 18 U.S.C. § 659 (Supp. III, 1966), amending 18 U.S. C. § 659 (1964). They make separate contentions on appeal with which we will deal individually. We affirm both convictions.

A shipment of whiskey from Boston was transported in a sealed railroad car to a warehouse of the...

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