UNITED STATES v. BLACK

No. 29680 Summary Calendar.

436 F.2d 838 (1971)

United States of America, Plaintiff-Appellee, v. Daniel C. BLACK, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 15, 1971.


Attorney(s) appearing for the Case

Neil L. Heimanson, Atlanta, Ga. (Court-appointed), for defendant-appellant.

John W. Stokes, Jr., U. S. Atty., Robert L. Smith, Robert E. Whitley, Asst. U. S. Attys., Atlanta, Ga., for plaintiff-appellee.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.


PER CURIAM:

Daniel C. Black appeals from a jury conviction under the Dyer Act, 18 U.S.C. § 2313, for knowingly concealing a stolen motor vehicle which was moving in interstate commerce. We reverse the conviction on the basis that prejudicial hearsay evidence was admitted to prove one of the elements of the offense.

At the trial below the government presented testimony that a bronze 1968 Oldsmobile Toronado bearing an Alabama license plate had been taken...

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