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UNITED STATES v. DENMON

No. 72-1717.

483 F.2d 1093 (1973)

UNITED STATES of America, Appellee, v. Marion C. DENMON, Jr., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 14, 1973.

Attorney(s) appearing for the Case

James R. Wyrsch, Kansas City, Mo., for appellant.

Anthony Nugent, Asst. U. S. Atty., Kansas City, Mo., for appellee.

Before GIBSON, LAY and ROSS, Circuit Judges.

GIBSON, Circuit Judge.

The defendant in a jury trial was convicted of selling, in violation of 18 U.S.C. § 641,1 three air drills owned by the United States and of a value in excess of $100. The District Court suspended sentence and placed the defendant on probation for three years.

On appeal, the defendant raises three basic arguments. First, the indictment was insufficient since it failed to charge that the defendant knew...

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