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UNITED STATES v. MEGNA

No. 30748.

450 F.2d 511 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Fred William MEGNA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 30, 1971.

Attorney(s) appearing for the Case

Harvey J. Powers, Irwin L. Frazin, Chicago, Ill., for defendant-appellant.

Robert W. Rust, U. S. Atty., Jose E. Martinez, Asst. U. S. Atty., Michael P. Sullivan, Miami, Fla., by Marsha L. Lyons, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before WISDOM, COLEMAN, and SIMPSON, Circuit Judges.

COLEMAN, Circuit Judge:

On the night of October 20-21, 1969, the Four Points Branch of the West Palm Beach, Florida, Post Office, was burglarized. There was damage to the building, floors, walls, and other property within and without the building.

Fred William Megna was indicted in substantive counts for willfully injuring property of the United States and burglary of the building with the intent to commit larceny. It is not disputed that the Post Office was...

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