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UNITED STATES v. ASHTON

No. 26813.

453 F.2d 375 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. George Llewellyn ASHTON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

December 8, 1971.

Attorney(s) appearing for the Case

Roswell Bottum, Jr., Los Angeles, Cal., for defendant-appellant.

Irving Prager, Asst. U.S. Atty. (appeared), Los Angeles, Cal., Robert L. Meyer, U.S. Atty., David R. Nissen, Asst. U.S. Atty. and Chief, Crim. Div., Los Angeles, Cal., for plaintiff-appellee.

Before HAMLEY, HUFSTEDLER, and KILKENNY, Circuit Judges.

HUFSTEDLER, Circuit Judge:

Ashton appeals from his conviction on both counts of a two-count indictment charging him with a violation of 18 U.S.C. § 659 (theft of goods from an interstate shipment of freight) and with conspiring to steal goods from interstate freight in violation of 18 U.S.C. § 371 (conspiracy). Ashton challenges the sufficiency of the evidence and the trial court's instructions to the jury. We affirm.

The evidence, viewed in the...

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