United States v. Timothy Alexander Mullings

LUMBARD, Chief Judge:

Timothy Mullings appeals from his conviction entered March 12, 1965 after a trial, without a jury, before Judge Cooper in the Southern District of New York. Indicted for the theft of property worth more than $100 moving in interstate commerce under 18 U.S.C. § 659, and for conspiracy so to steal under 18 U.S.C. § 371, he was acquitted on the conspiracy count and found guilty of the substantive offense. Mullings was sentenced to a term not to exceed three years pursuant to 18 U.S.C. § 4208(a) (2). We reverse the conviction because the court considered inadmissible evidence.