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UNITED STATES v. FRANKLIN

No. 77-1423.

568 F.2d 1156 (1978)

UNITED STATES of America, Appellee, v. Nathaniel FRANKLIN, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 12, 1978.

Rehearing and Rehearing Denied February 6, 1978.

Attorney(s) appearing for the Case

Stan Platke, St. Louis, Mo., for appellant.

Stephen B. Higgins, Asst. U.S. Atty., St. Louis, Mo., Barry A. Short, former U.S. Atty., St. Louis, Mo., on brief, for appellee.

Before LAY, BRIGHT and HENLEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 6, 1978.

BRIGHT, Circuit Judge.

Nathaniel Franklin appeals his conviction under 18 U.S.C. § 659 (1970) for knowing possession of property stolen from an interstate shipment. The background of Franklin's arrest and conviction is recited in United States v. Young, 568 F.2d 588 (8th Cir. 1978). Franklin challenges his conviction on two grounds: (1) that the jury instruction...

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