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UNITED STATES v. EVANS

No. 16751.

398 F.2d 159 (1968)

UNITED STATES of America v. Paul Calvin EVANS, Anthony Walter Andrzejewski, and Charles Joseph Harriston, Paul Calvin Evans, Appellant.

United States Court of Appeals Third Circuit.

Decided June 27, 1968.

Attorney(s) appearing for the Case

Michael A. Querques, Querques & Isles, Orange, N. J. (Harvey Weissbard, Orange, N. J., on the brief), for appellant.

Wilbur H. Mathesius, Asst. U. S. Atty., Newark, N. J. (David M. Satz, Jr., U. S. Atty., Newark, N. J., on the brief), for appellee.

Before KALODNER, FREEDMAN and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

FREEDMAN, Circuit Judge.

Defendant, Evans, appeals from his conviction and sentence under 18 U.S.C. § 659 of theft from an interstate shipment.

Evans was indicted with two others, Andrzejewski and Harriston. Harriston pleaded guilty before trial. Evans and Andrzejewski were tried twice. The jury was unable to agree at their first trial and on retrial both were found guilty and sentenced to imprisonment. Evans alone has appealed...

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