UNITED STATES v. MATZKER

No. 72-1300.

473 F.2d 408 (1973)

UNITED STATES of America, Appellee, v. Edward James MATZKER, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 14, 1973.

Rehearing Denied March 6, 1973.


Attorney(s) appearing for the Case

David J. Fingerhut, St. Louis, Mo., for appellant.

Terry L. Adelman, Asst. U. S. Atty., St. Louis, Mo., for appellee.

Before MATTHES, Chief Judge, BRIGHT, Circuit Judge, and TALBOT SMITH, Senior District Judge.


MATTHES, Chief Judge.

Appellant Matzker brings this direct appeal from a judgment of conviction, entered upon a jury verdict, of unlawfully possessing three gasoline credit cards stolen from the United States mail knowing they were stolen. For this violation of 18 U.S.C. § 1708 appellant was sentenced to imprisonment for three years.

There are three elements of this crime which the prosecution must prove beyond a reasonable doubt: (1) that the credit...

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