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UNITED STATES v. FUSCO

No. 16633.

398 F.2d 32 (1968)

UNITED STATES of America, Plaintiff-Appellee, v. Jerome FUSCO, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

July 2, 1968.

Attorney(s) appearing for the Case

Raymond J. Smith, Chicago, Ill., for appellant.

Nicholas M. Karzen, Thomas A. Foran, U. S. Atty., John Peter Lulinski, Gerald M. Werksman, Asst. U. S. Attys., of counsel, for appellee.

Before KNOCH, Senior Circuit Judge, and KILEY and CUMMINGS, Circuit Judges.

CUMMINGS, Circuit Judge.

Defendant Jerome Fusco and Richard Malone, according to an indictment under Section 659 of the Criminal Code (18 U.S.C. § 659), "did unlawfully embezzle, steal, take, carry away, and by fraud and deception obtain from" a Mobil Oil Corporation oil truck 470 gallons of gasoline, worth more than $100, with intent to convert it to their own use. The crime is alleged to have taken place on February 23, 1967, in Chicago, Illinois. Malone pleaded...

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