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UNITED STATES v. GODWIN

No. 74-2199.

522 F.2d 1135 (1975)

UNITED STATES of America, Appellee, v. William Henry GODWIN, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 26, 1975.

Attorney(s) appearing for the Case

Vernon F. Daughtridge, Wilson, N.C., for appellant.

Jack B. Crawley, Jr., Asst. U. S. Atty. (Thomas P. McNamara, U. S. Atty., on brief), for appellee.

Before WINTER, CRAVEN and RUSSELL, Circuit Judges.

RUSSELL, Circuit Judge:

William Henry Godwin appeals his conviction for receiving and concealing a stolen tractor moving in interstate commerce in violation of 18 U.S.C. § 2313. The original indictment, alleging that the tractor "had moved in interstate commerce," was dismissed on motion of the defendant and without objection on the part of the government because the verb tense as used in the indictment indicated that the tractor had ceased its interstate movement...

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