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UNITED STATES v. WHITE

No. 74-1283.

510 F.2d 448 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Chester Clarence WHITE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided January 31, 1975.

Attorney(s) appearing for the Case

J. Terry Wiggens, Asst. U. S. Atty., Denver, Colo. (James L. Treece, U. S. Atty. and Pepe J. Mendez, Denver, Colo., on the brief), for plaintiff-appellee.

Philip M. Jones, Denver, Colo., for defendant-appellant.

Before MURRAH, SETH and HOLLOWAY, Circuit Judges.

MURRAH, Circuit Judge.

The appellant White was convicted on an indictment charging that he "did steal, take and abstract from and out of the mail, and mail receptacle, a letter . . . . and remove from such letter articles and things contained therein, that is [five $5.00 Federal Reserve Notes] . . . . in violation of Title 18, United States Code, Section 1708."1

There was direct evidence that federal agents attached a letter to...

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