UNITED STATES v. MOEHRING

No. 434-70.

446 F.2d 516 (1971)

UNITED STATES of America, Appellee, v. Eddie Albert MOEHRING, Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied September 15, 1971.


Attorney(s) appearing for the Case

James A. Pusateri, Kansas City, Kan. (Robert J. Roth, U. S. Atty., District of Kansas, Glen S. Kelly, Asst. U. S. Atty., on the brief), for appellee.

Laurence M. Jarvis, Kansas City, Kan., for appellant.

Before JONES, HILL and McWILLIAMS, Circuit Judges.


JONES, Circuit Judge:

Eddie Albert Moehring has appealed a conviction of transporting a stolen automobile in interstate commerce in violation of the Dyer Act, 18 U.S.C.A. § 2312. He urges that his motion for acquittal made at the close of the prosecution's case should have been granted and that it was error for the district court to allow the prosecution to reopen its case after the motion was made.

The appellant and Marvin Luetjen began drinking in Olathe...

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