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UNITED STATES v. GRACI

No. 74-1158.

504 F.2d 411 (1974)

UNITED STATES of America, Appellee, v. Angelo V. GRACI, Appellant.

United States Court of Appeals, Third Circuit.

Decided October 9, 1974.

Attorney(s) appearing for the Case

Gilbert E. Petrina, Harrisburg, Pa., for appellant.

S. John Cottone, U. S. Atty., Laurence M. Kelly, Asst. U. S. Atty., Scranton, Pa., for appellee.

Before SEITZ, GIBBONS and GARTH, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

On February 1, 1972 the grand jury in the Middle District of Pennsylvania returned Indictment No. 15091 containing three counts. In Count I it charged James N. Markwell and Angelo V. Graci with a substantive violation of 18 U.S.C. §§ 641 and 642, sale of stolen government property. The property consisted of depressant or stimulant drugs, and the sale was allegedly made on April 26, 1967 at Lemoyne, in...

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