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UNITED STATES v. ALLARD

No. 19443.

458 F.2d 1136 (1972)

UNITED STATES of America v. George E. ALLARD, Sr., Appellant, John McAnall Eaton.

United States Court of Appeals, Third Circuit.

Decided February 15, 1972.

Attorney(s) appearing for the Case

Robert L. Podvey, Podvey, Sachs & Kaltenbacher, Newark, N. J., for appellant.

William Braniff, Asst. U. S. Atty., Newark, N. J. (Herbert J. Stern, U. S. Atty., Newark, N. J., on the brief), for appellee.

Before HASTIE, ALDISERT and JAMES ROSEN, Circuit Judges.

OPINION OF THE COURT

HASTIE, Circuit Judge.

On this appeal we review a conviction on one count of an indictment that charged the appellant, Allard, with causing the transportation of certain securities from New Jersey to New York knowing that they had been taken by fraud and converted in violation of 18 U.S.Code § 2314.

At the outset we observe that the indictment charges, in the conjunctive, knowledge that the securities had been "taken by...

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