UNITED STATES v. McINTYRE

Nos. 72-1175, 72-1104.

466 F.2d 1201 (1972)

UNITED STATES of America, Appellee, v. Herbert McINTYRE, Appellant. UNITED STATES of America, Appellee, v. Charles Edward THOMAS, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided September 26, 1972.


Attorney(s) appearing for the Case

Jerry D. Perryman and Joseph L. Walsh, St. Louis, Mo., on brief for appellants.

Daniel Bartlett, Jr., U. S. Atty., and Terry I. Adelman, Asst. U. S. Atty., St. Louis, Mo., on brief for appellee.

Before MATTHES, Chief Judge, and LAY and HEANEY, Circuit Judges.


PER CURIAM.

A jury decided that appellants were guilty of stealing four bags of sugar having a value not in excess of $100 which were moving in interstate commerce. They have appealed from the judgment of conviction. Three claims of error are presented.

1. Failure of the court to suppress the statements of appellant Thomas because the arrest was unlawful.

2. Failure to grant motion for judgment of acquittal for failure of the Government to prove the...

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