UNITED STATES v. TRZCINSKI

No. 76-1222.

553 F.2d 851 (1976)

UNITED STATES of America v. Robert Lester TRZCINSKI, Appellant.

United States Court of Appeals, Third Circuit.

Decided December 2, 1976.

As Amended January 14, 1977.

Rehearing and Rehearing Denied January 19, 1977.

Certiorari Denied May 16, 1977.


Attorney(s) appearing for the Case

Douglas Riblet, Defender Assoc. of Philadelphia, Philadelphia, Pa., for appellant.

J. Clayton Undercofler, III, U. S. Atty., Walter S. Batty, Jr., Asst. U. S. Atty., Chief, Appellate Section, Thomas J. McBride, Asst. U. S. Atty., Philadelphia, Pa., for appellee.

Before VAN DUSEN, HUNTER and WEIS, Circuit Judges.


Rehearing and Rehearing En Banc Denied January 19, 1977.

OPINION OF THE COURT

WEIS, Circuit Judge.

The proper construction of a criminal statute, a query of the type that intrigues the legal mind but is a source of bafflement and some impatience to the average layman, is the stuff of this appeal. The question is whether a defendant may be convicted for the receipt and possession of stolen goods when the evidence discloses that he was in fact the...

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