CLARK v. UNITED STATES

Nos. 14555, 14566.

213 F.2d 63 (1954)

CLARK et al. v. UNITED STATES.

United States Court of Appeals Fifth Circuit.

May 14, 1954.


Attorney(s) appearing for the Case

Thomas V. Kierman, St. Petersburg, Fla., for Clark.

Dillon Hartridge, Damon G. Yerkes, Jacksonville, Fla., for Samples.

Herbert S. Phillips, U. S. Atty., J. Hardin Peterson, Asst. U. S. Atty., Lakeland, Fla., E. David Rosen, Asst. U. S. Atty., James L. Guilmartin, U. S. Atty. for Southern Dist. of Florida, Miami, Fla., for appellee.

Before STRUM and RIVES, Circuit Judges, and DAWKINS, District Judge.


RIVES, Circuit Judge.

The appellants, defendants, were found guilty by a jury under an indictment based upon the general conspiracy statute, 18 U.S.C.A. § 371, which charged that the defendants and others conspired to steal 550 cases of whiskey, part of an interstate shipment, in violation of 18 U.S.C.A. § 659, or to receive, possess and dispose of said whiskey, knowing same to have been stolen in violation of said 18 U.S.C.A. § 659.

The principal...

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