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UNITED STATES v. LAVENDER

Nos. 78-5209, 78-5210.

602 F.2d 639 (1979)

UNITED STATES of America, Appellee, v. Ritchie Daryl LAVENDER, Appellant. UNITED STATES of America, Appellee, v. Jerry Eugene ROSS, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 9, 1979.

Attorney(s) appearing for the Case

Roy V. Creasey, Roanoke, Va., for appellant Ritchie Daryl Lavender.

George I. Vogel, II, Roanoke, Va. (Wilson, Hawthorne & Vogel, Roanoke, Va., on brief), for appellant Jerry Eugene Ross.

E. Montgomery Tucker, Asst. U. S. Atty., Roanoke, Va. (Paul R. Thomson, Jr., U. S. Atty., Roanoke, Va., on brief), for appellee.

Before BRYAN, Senior Circuit Judge, HALL, Circuit Judge and MacKENZIE, District Judge for the Eastern District of Virginia.

ALBERT V. BRYAN, Senior Circuit Judge:

Ritchie D. Lavender and Jerry E. Ross appeal their convictions on two counts of a three-count indictment.1 Their offenses were laid as committed, during October 1977, "within the territorial jurisdiction of the United States of America," specifically, on the Blue Ridge Parkway in the Western District of Virginia.

They were arraigned under the first count for the unlawful and felonious breaking...

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