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UNITED STATES v. WILLIAMS

Nos. 76-2332-76-2334.

559 F.2d 1243 (1977)

UNITED STATES of America, Appellee, v. Charles Lewis WILLIAMS, Appellant. UNITED STATES of America, Appellee, v. Johnny Clayborn PARKER, Appellant. UNITED STATES of America, Appellee, v. Allen Ray JOHNSON, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 20, 1977.

Attorney(s) appearing for the Case

Charles B. Winberry, Rocky Mount, N. C. (Biggs, Meadows, Batts, Etheridge & Winberry, Rocky Mount, N. C., W. Kenneth Hinton, Daughtery & Hinton, Smithfield, N. C., D. K. Stewart, Stewart & Hayes, Dunn, N. C., L. Austin Stevens, Smithfield, N. C., on brief), for appellants.

Jack B. Crawley, Jr., First Asst. U. S. Atty., Raleigh, N. C. (Carl L. Tilghman, U. S. Atty., Raleigh, N. C., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, BRYAN, Senior Circuit Judge, and WINTER, Circuit Judge.

WINTER, Circuit Judge:

Charles Williams, Johnny Parker and Allen Johnson were convicted of the theft of Amoco super premium gasoline from a pipeline terminal and storage facility at Selma, North Carolina, in violation of 18 U.S.C. §§ 659 and 2. From their convictions, they appeal. All three contend that the gasoline, when allegedly stolen, no longer constituted an interstate shipment and that therefore their convictions must be set aside. Parker also contends...

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