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UNITED STATES v. YATES

No. 72-1599.

470 F.2d 968 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Willie Benny YATES, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 20, 1972.

Attorney(s) appearing for the Case

Thomas E. Joyce, Kansas City, Kan., for defendant-appellant.

Edward H. Funston, Asst. U. S. Atty. (Robert J. Roth, U. S. Atty., Thomas A. Hamill, Asst. U. S. Atty., Topeka, Kan., on the brief), for plaintiff-appellee.

Before HILL, SETH and HOLLOWAY, Circuit Judges.

HILL, Circuit Judge.

Defendant appeals from a jury conviction in the District of Kansas for theft of goods valued in excess of $100 from an interstate shipment, in violation of 18 U.S.C. § 659. On December 20, 1971, agents for the Rock Island Motor Transit Company apprehended two men carrying away three cardboard boxes of goods from the company's docks in Kansas City, Kansas. Both men were arrested by the agents.

The defendant's evidence consisted of...

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