UNITED STATES v. SHARPE

No. 71-1219.

452 F.2d 1117 (1971)

UNITED STATES of America, Appellee, v. Elmer Patrick SHARPE, Defendant, Appellant.

United States Court of Appeals, First Circuit.

December 27, 1971.


Attorney(s) appearing for the Case

Alfred Paul Farese, Everett, Mass., for appellant.

Lawrence P. Cohen, Asst. U. S. Atty., with whom Herbert F. Travers, Jr., U. S. Atty., was on brief, for appellee.

Before ALDRICH, Chief Judge, BREITENSTEIN, Senior Circuit Judge, and McENTEE, Circuit Judge.


McENTEE, Circuit Judge.

Defendant appeals from his conviction for receiving and possessing certain goods stolen from an interstate railroad shipment in violation of 18 U.S.C. § 659.

Between 11 p.m. and midnight on February 25, 1970, a freight train en route to South Boston made an emergency stop in Walpole, Massachusetts, and remained there for about an hour. During that period twenty-five television sets were taken from a railroad car which contained...

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