United States v. Gollin

McLAUGHLIN, Circuit Judge.

The defendants-appellants were convicted under both counts of an indictment charging them with stealing 600 cases of beer constituting an interstate shipment, and with having guilty possession of the beer.

Appellants’ first contention is that the government proofs did not show that the shipment was in interstate commerce at the time of the theft and that therefore the motion for acquittal should have been granted. The evidence indicated that early on the morning of June 15, 1946 at Ballantine’s Brewery, Newark, New Jersey, the beer had been loaded on a truck which was…