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UNITED STATES v. GATES

No. 75-2784.

528 F.2d 1045 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Edward Murry GATES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 18, 1976.

Attorney(s) appearing for the Case

J. Hue Henry, Federal Public Defender, Atlanta, Ga., (Court Appointed Not Under Act), for defendant-appellant.

John W. Stokes, U.S. Atty., Jerome J. Froelich, Jr., Asst. U.S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before MORGAN, CLARK and TJOFLAT, Circuit Judges.

PER CURIAM:

Gates was convicted by a jury on a single-count indictment charging theft of goods from an interstate shipment. 18 U.S.C. § 659. The facts essential to this appeal are undisputed. The goods in question, a carton of sweaters, were shipped from Mr. Henry's in New York for delivery to the consignee, Baron's Men's Shop in Atlanta. When the interstate carrier (Carolina Freight Carriers) arrived at its Atlanta destination, the consignee notified the driver...

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