United States v. Jerome Fusco

CUMMINGS, Circuit Judge.

Defendant Jerome Fusco and Richard Malone, according to an indictment under Section 659 of the Criminal Code (18 U.S.C. § 659), “did unlawfully embezzle, steal, take, carry away, and by fraud and deception obtain from” a Mobil Oil Corporation oil truck 470 gallons of gasoline, worth more than $100, with intent to convert it to their own use. The crime is alleged to have taken place on February 23, 1967, in Chicago, Illinois. Malone pleaded guilty and testified for the Government at Fusco’s trial.

The Government answered the question presented in Fusco’s bill of…