United States v. Jerry Michael Solimine, in No. 75-1867. Appeal of Samuel A. Sclafani, in No. 75-2134. Appeal of Julio Joseph Piscopo, in No. 75-2369

ADAMS, Circuit Judge.

These appeals follow convictions in connection with the hijacking of a truckload of clothing. A variety of contentions are advanced by the defendants; the most significant concerns the question whether one may be convicted of both a theft and the possession of the goods stolen in the theft.

I

The actual hijacking was done on August 8, 1973 by William Skirvin, a driver for Roadway Express. Disguised with a false beard, Skirvin stole a tractor-trailer containing Levi Strauss products from the terminal of his employer in Cincinnati, Ohio. Skirvin took the rig in collaboration…