UNITED STATES v. BROCATO

No. 20433.

437 F.2d 1157 (1971)

UNITED STATES of America, Appellee, v. John BROCATO and Albert Brocato, Appellants.

United States Court of Appeals, Eighth Circuit.

February 26, 1971.


Attorney(s) appearing for the Case

Willard B. Bunch and Gary Haggerty, Legal Aid & Defender Society of Greater Kansas City, Kansas City, Mo., on brief for appellants.

Bert C. Hurn, U. S. Atty., Anthony P. Nugent, Jr., Asst. U. S. Atty., Kansas City, Mo., on brief for appellee.

Before MATTHES, Chief Judge, CLARK, Associate Justice, and BRIGHT, Circuit Judge.


PER CURIAM.

In this case, John and Albert Brocato appeal their convictions for knowingly possessing property stolen from an interstate shipment in violation of 18 U. S.C. § 659. They claim that the evidence was insufficient to show possession and that the trial court erred in giving an instruction which permitted the jury to infer defendants' guilty knowledge from their possession of recently stolen property. We find these claims lacking in merit.

The...

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