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UNITED STATES v. YOW

No. 71-1428.

465 F.2d 1328 (1972)

UNITED STATES of America, Appellee, v. William P. YOW, Jr., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 19, 1972.

As Modified on Denial of Rehearing September 13, 1972.

Attorney(s) appearing for the Case

Jess C. Nielsen, Crosby & Nielsen, North Platte, Neb., for appellant.

William K. Schaphorst, U. S. Atty., Omaha, Neb., submitted by Richard A. Dier, U. S. Atty. for the D. of Nebraska, for appellee.

Before GIBSON, HEANEY and ROSS, Circuit Judges.

ROSS, Circuit Judge.

William P. Yow, Jr., appeals his conviction under an indictment charging him with the interstate transportation of a stolen motor vehicle, in violation of 18 U.S.C. § 2312. For the reasons hereinafter set forth, we reverse the judgment of conviction and remand for a new trial.

The indictment under which Yow was tried and convicted charged that:

"Between February 2, 1969, and April 26, 1969, WILLIAM P. YOW, JR., transported...

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