Arthur J. Freije v. United States of America, Russell P. Saia v. United States of America, Alfred Sarno v. United States

McENTEE, Circuit Judge.

In 1966 the grand jury returned a twelve count indictment charging the defendants with violation of 18 U.S.C. § 2312 (the Dyer Act) and 18 U.S.C. § 371 (conspiracy). The first six counts charge Saia alone with interstate transportation of stolen automobiles. Counts VII, X and XI charge Freije alone with this offense; Count VIII charges Sarno and Count IX names both Saia and Freije. Each of these counts applies to a different automobile. Count XII charges a conspiracy on the part of all three defendants.

When the case first came to trial Saia pleaded guilty to the first…