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UNITED STATES v. RIKARD

No. 76-3505.

552 F.2d 153 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Ralph RIKARD, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 16, 1977.

Attorney(s) appearing for the Case

Joseph C. DaPore, Lima, Ohio, for defendant-appellant.

R. Jackson B. Smith, Jr., U. S. Atty., J. Michael Faulkner, Asst. U. S. Atty., Augusta, Ga., for plaintiff-appellee.

Before GOLDBERG and TJOFLAT, Circuit Judges, and WYATT, District Judge.

PER CURIAM:

The appellant, Rikard, sold a hind quarter of improperly marked horsemeat to a restaurant owner, claiming it to be beef. He was found guilty on two counts: (a) transporting in interstate commerce, without intent to defraud, horsemeat not properly marked; and (b) selling, with intent to defraud, horsemeat improperly marked, all in violation of the Wholesale Meat Act, 21 U.S.C. §§ 619 & 676 (1970).1 We affirm his...

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