UNITED STATES v. KEARSE

No. 942, Docket 71-1056.

444 F.2d 62 (1971)

UNITED STATES of America, Appellee, v. Peter Edward KEARSE, Appellant.

United States Court of Appeals, Second Circuit.

Decided June 10, 1971.


Attorney(s) appearing for the Case

Phylis Skloot Bamberger, The Legal Aid Society, New York City (Robert Kasanof, New York City, of counsel), for appellant.

David G. Trager, Asst. U. S. Atty. (Edward J. Boyd V, of counsel, Edward R. Neaher, U. S. Atty., E. D. N. Y., on the brief), for appellee.

Before KAUFMAN, HAYS and MANSFIELD, Circuit Judges.


KAUFMAN, Circuit Judge:

This appeal presents the single issue whether the evidence introduced at appellant Kearse's nonjury trial was sufficient to warrant his conviction for knowingly possessing goods stolen from interstate commerce, 18 U.S.C. § 659, for which offense Kearse was sentenced to imprisonment for three years. We hold that it was not.

At approximately 9:30 on the morning of June 15, 1970, a truck containing some 40 cartons of knitwear valued...

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