UNITED STATES v. BOSS

No. 80-1472.

652 F.2d 36 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. J. C. BOSS, Jr., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided March 24, 1981.

Rehearing Denied July 21, 1981.


Attorney(s) appearing for the Case

Michael Burrage (Joe Stamper, Antlers, Okl., with him on brief) of Stamper, Otis & Burrage, Antlers, Okl., for defendant-appellant.

G. Steven Stidham, Asst. U. S. Atty. (Julian K. Fite, U. S. Atty., Muskogee, Okl., with him on brief), for plaintiff-appellee.

Before HOLLOWAY, LOGAN and SEYMOUR, Circuit Judges.


LOGAN, Circuit Judge.

J. C. Boss, Jr., appeals from his conviction for theft of liquor moving in interstate commerce in violation of 18 U.S.C. § 659. He contends that his conviction must be reversed because (1) he was a victim of selective and vindictive prosecution in violation of his constitutional rights; (2) the court should have instructed the jury that Boss could not be convicted unless he had knowledge the liquor was stolen; (3) the court should have permitted...

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