UNITED STATES v. MOLKENBUR

No. 19854.

430 F.2d 563 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Joseph MOLKENBUR, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

August 14, 1970.


Attorney(s) appearing for the Case

John L. Boeger, St. Louis, Mo., for appellant; Morris A. Shenker, St. Louis, Mo., on the brief.

John A. Newton, Asst. U. S. Atty., St. Louis, Mo., for appellee; Daniel Bartlett, Jr., U. S. Atty., on the brief.

Before BLACKMUN, MEHAFFY and BRIGHT, Circuit Judges.


BRIGHT, Circuit Judge.

Robert Molkenbur and Ernest Toler were indicted for unlawful possession of merchandise valued at more than $100.00 stolen from an interstate shipment in violation of 18 U.S.C. § 659. The jury convicted both defendants, and only Molkenbur appeals.

He contends that the trial court erred in permitting the prosecution to introduce, over objection, a carton containing one-hundred-forty-two packaged men's sport shirts and packing slips...

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