UNITED STATES v. CIONGOLI

No. 15396.

358 F.2d 439 (1966)

UNITED STATES of America, Appellant, v. Ralph George CIONGOLI.

United States Court of Appeals Third Circuit.

Decided March 23, 1966.


Attorney(s) appearing for the Case

Thomas A. Daley, Asst. U. S. Atty., W. D. of Pennsylvania, Pittsburgh, Pa. (Gustave Diamond, U. S. Atty., Pittsburgh, Pa., on the brief), for appellant.

James A. Ashton, Pittsburgh, Pa., for appellee.

Before McLAUGHLIN, HASTIE and SMITH, Circuit Judges.


HASTIE, Circuit Judge.

The United States has taken this appeal, as authorized by the Criminal Appeals Act, 18 U.S.C. § 3731, from an order dismissing an indictment without prejudice.

The indictment charged the accused with concealing and retaining "fifty-one (51) stolen United States Postal Money Orders" which were "of a value in excess of $100.00" in violation of section 641 of title 18, United States Code. The statute provides that "[w]hoever receives...

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