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UNITED STATES v. CARNEY

No. 72-1147.

468 F.2d 354 (1972)

UNITED STATES of America, Appellee, v. Cy CARNEY, Jr., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 10, 1972.

Attorney(s) appearing for the Case

C. Wayne Harris, Warner, Warner, Ragon & Smith, David T. Westmoreland, Fort Smith, Ark., for appellant.

James A. Gutensohn, Asst. U. S. Atty., Fort Smith, Ark., Bethel B. Larey, U. S. Atty., for appellee.

Before VAN OOSTERHOUT, Senior Circuit Judge, MEHAFFY, Circuit Judge, and DENNEY, District Judge.

MEHAFFY, Circuit Judge.

Cy Carney, Jr., defendant, was indicted under 18 U.S.C. § 2313 entitled "Sale or receipt of stolen vehicles."1 Defendant was jointly indicted with another but upon his request a severance was granted and his case tried to the court without a jury in accordance with Fed. R.Crim.P. 23(a). The Honorable Paul X Williams, Judge of the United States District Court for the Western District of Arkansas, Fayetteville...

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