UNITED STATES v. MARSHALL

No. 84-4691.

762 F.2d 419 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Charles MARSHALL, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 30, 1985.


Attorney(s) appearing for the Case

James C. McMichael, Jr. (court-appointed), Shreveport, La., for defendant-appellant.

Joseph S. Cage, Jr., U.S. Atty., D.H. Perkins, Jr., Asst. U.S. Atty., Shreveport, La., for plaintiff-appellee.

Before WISDOM, TATE, and DAVIS, Circuit Judges.


TATE, Circuit Judge:

After trial by jury, the defendant Marshall was convicted of the offense charged, the theft of a lawn mower of a value in excess of $100, which was the property of the United States. 18 U.S.C. § 641. Marshall appeals, contending that over his objection hearsay evidence was improperly admitted to prove an essential element of the crime, namely, that in fact a lawn mower had been stolen or was missing from the military post exchange where he...

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