UNITED STATES v. LINDSEY

No. 78-2016.

602 F.2d 785 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. William Edward LINDSEY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 27, 1979.


Attorney(s) appearing for the Case

Michael C. Keating, Evansville, Ind., for defendant-appellant.

George E. Palmer, Asst. U. S. Atty., Indianapolis, Ind., for plaintiff-appellee.

Before CASTLE, Senior Circuit Judges. SWYGERT and BAUER, Circuit Judges.


SWYGERT, Circuit Judge.

A jury convicted defendant of conspiring "to receive, conceal, sell and dispose of stolen motor vehicles" in violation of 18 U.S.C. §§ 2313 and 371. The indictment charged defendant and eight others of one overall conspiracy whereas the evidence adduced at trial showed that defendant was involved only in a smaller, separate conspiracy. The question for our consideration is whether this variance between indictment and proof requires...

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