UNITED STATES v. SMITH

No. 72-1013.

461 F.2d 246 (1972)

UNITED STATES of America, Appellee, v. Gerald Leon SMITH, Appellant.

United States Court of Appeals, Tenth Circuit.

June 8, 1972.


Attorney(s) appearing for the Case

Forest N. Simon, and Martin & Kisner, Oklahoma City, Okl., on the brief, for appellant.

William R. Burkett, U. S. Atty., and Floy E. Dawson, Asst. U. S. Atty., on the brief, for appellee.

Before BREITENSTEIN, SETH and McWILLIAMS, Circuit Judges.


SETH, Circuit Judge.

This is a direct appeal from a conviction of receiving and concealing a stolen vehicle in violation of 18 U.S.C. § 2313. The defendant waived a jury and was tried by the court. A sentence was imposed but stayed pending this appeal. The issue on appeal concerns the sufficiency of the evidence as to one element of the offense. We affirm.

The record shows that the Oklahoma City Police Department received a call from a local bar advising...

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