UNITED STATES v. BROOKS

No. 75-1332.

536 F.2d 1137 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Bobby Lee BROOKS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 21, 1976.

As Amended on Denial of Rehearing September 22, 1976.


Attorney(s) appearing for the Case

Bill W. Petty, Knoxville, Tenn. (Court appointed), for defendant-appellant.

John L. Bowers, U. S. Atty., W. Thomas Dillard, Knoxville, Tenn., for plaintiff-appellee.

Before EDWARDS and McCREE, Circuit Judges, and McALLISTER, Senior Circuit Judge.


EDWARDS, Circuit Judge.

Appellant Brooks was convicted after jury trial on a charge of theft of a check from the mails and unlawful possession of it, in violation of 18 U.S.C. § 1708 (1970). At the trial government evidence included the following: Mae F. Henry testified she was the addressee of a check from the Tennessee State Welfare Department which never arrived. The letter carrier concerned testified that on November 7, 1973, he delivered the check to the...

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