United States v. Maxie Thomas and Wilbur Wiggins

FEINBERG, Circuit Judge:

Defendants appeal from convictions for unlawful possession of two cartons of chinaware, worth less than $100, knowing them to be stolen from an interstate or foreign shipment in violation of 18 U.S.C. § 659. Appellants were tried before Harold R. Tyler, Jr., J., sitting without a jury in the United States District Court for the Southern District of New York. 1 For the reasons given below, we affirm.

The following is what the trier of fact could have found, viewing the evidence in the light most favorable to the Government. On November 5, 1965, at approximately 7:10…