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UNITED STATES v. PITMAN

No. 72-1387.

475 F.2d 1335 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Elmer Paul PITMAN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing May 2, 1973.

Rehearing and Rehearing Denied May 17, 1973.

Attorney(s) appearing for the Case

Ron Bain (argued), Los Angeles, Cal., for defendant-appellant.

Joseph Golant, Asst. U. S. Atty. (argued), Richard J. Trattner, Eric A. Nobles, Asst. U. S. Attys., William D. Keller, U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before CHAMBERS, BROWNING and WALLACE, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 17, 1973.

WALLACE, Circuit Judge:

After a five-day trial, the jury found Pitman guilty of one count of theft from an interstate shipment of freight. 18 U.S.C. § 659. Pitman raises many questions on appeal, some of which require no answer and none of which require reversal.

Pitman was a truck driver for a company which picked up shipments of cartons from the distribution center of Avon Products, Inc.,...

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