UNITED STATES v. SMITH

No. 73-2158.

502 F.2d 1250 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Carl Hunter SMITH a/k/a "Smitty", and Elmer Louis Posick, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 17, 1974.


Attorney(s) appearing for the Case

Richard M. Gale, Miami, Fla., for Smith.

Maynard A. Gross, S. Miami, Fla., for Posick.

Robert W. Rust, U. S. Atty., J. Daniel Ennis, Harold F. Keefe, Asst. U. S. Attys., Miami, Fla., for plaintiff-appellee.

Before BROWN, Chief Judge, and WISDOM and MORGAN, Circuit Judges.


JOHN R. BROWN, Chief Judge:

Appellants Carl Hunter Smith, a/k/a "Smitty", and Elmer Louis Posick1 were jointly indicted and convicted on two counts of receiving, concealing, storing, bartering, and selling seven diesel engines, and conspiring to do so knowing the engines were stolen in violation of 18 U.S.C.A. §§ 2315 and 3712. On appeal Smith and Posick...

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