United States v. Elmer Patrick Sharpe

McENTEE, Circuit Judge.

Defendant appeals from his conviction for receiving and possessing certain goods stolen from an interstate railroad shipment in violation of 18 U.S.C. § 659.

Between 11 p.m. and midnight on February 25, 1970, a freight train en route to South Boston made an emergency stop in Walpole, Massachusetts, and remained there for about an hour. During that period twenty-five television sets were taken from a railroad car which contained a shipment from the R. C.A. plant in Memphis, Tennessee, to Westwood, Massachusetts. About 12:45 a.m. on February 26, Officer Honohan of the…