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UNITED STATES v. STUARD

Nos. 77-5141 and 77-5142.

566 F.2d 1 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Burton Wesley STUARD and Donald W. Summar, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided December 9, 1977.

Attorney(s) appearing for the Case

Vincent E. Wehby, Nashville, Tenn., (Court-appointed), for defendant-appellant in No. 77-5141.

Charles H. Anderson, U.S. Atty., William H. Farmer, Asst. U.S. Atty., Nashville, Tenn., for plaintiff-appellee.

James N. Bryan, Jr., Woods & Woods, Nashville, Tenn. (Court-appointed), for defendant-appellant in No. 77-5142.

Before PHILLIPS, Chief Judge, ENGEL, Circuit Judge, and LAMBROS, District Judge.

PER CURIAM.

Appellants Stuard and Summar were indicted and convicted of misprision of felony, 18 U.S.C. § 4 (1969).1 Evidence was presented at trial from which the jury could have concluded that appellants intentionally concealed from federal investigating officers circumstances under which 987 cases of Jim Beam whiskey had been removed surreptitiously from Stuard's truck in Tennessee and replaced with sand bags; and that, after the...

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