UNITED STATES v. LUMAN

No. 79-1149.

622 F.2d 490 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth Eugene LUMAN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided May 28, 1980.

Rehearing Denied July 23, 1980.


Attorney(s) appearing for the Case

Julian K. Fite, U. S. Atty., and John R. Osgood, Asst. U. S. Atty., Muskogee, Okl., for plaintiff-appellee.

James W. Fransein, Tulsa, Okl., for defendant-appellant.

Before HOLLOWAY, McWILLIAMS and BARRETT, Circuit Judges.


BARRETT, Circuit Judge.

Kenneth Eugene Luman appeals from a judgment entered following his jury conviction of possession of chattels of a value exceeding one hundred dollars, which chattels had been stolen while they were moving as, were a part of, and constituted an interstate shipment of freight, in violation of 18 U.S.C. § 659. The chattels were a truckload of automobile tires which had arrived in Tulsa, Oklahoma from Wisconsin on July 11, 1978 and were stolen...

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