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UNITED STATES v. RIZZO

No. 600, Docket 73-2428.

491 F.2d 1235 (1974)

UNITED STATES of America, Appellee, v. Augustine RIZZO, Appellant.

United States Court of Appeals, Second Circuit.

Decided January 24, 1974.

Attorney(s) appearing for the Case

Michael J. Hutter, Buffalo, N.Y., for appellant.

Anne M. Srebro, Asst. U.S. Atty. (John T. Elfvin, U.S. Atty., W. D. N.Y., of counsel), for appellee.

Before FRIENDLY, HAYS and OAKES, Circuit Judges.

PER CURIAM:

The only question of substance presented relates to the absence of evidence in respect to the conspiracy charge to show that appellant knew the interstate character of the theft, involving a piggy-backed trailer of 105 Sylvania color television sets. While circumstantial evidence is sufficient to prove knowledge, United States v. Cardillo, 316 F.2d 606 (2d Cir.1963), there is nothing in this record from which the jury...

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