United States v. Charles C. Dilella

MERCER, District Judge.

Defendant, Alfonse Cozzi and Anthony Butera were charged in a one-count indictment with the possession of 999 cases of chewing gum which had been stolen from an interstate shipment, with knowledge that the goods had been stolen, in violation of 18 U.S.C. § 659.

Butera pleaded guilty to the charge.

Defendant appeals from a judgment of conviction upon the verdict of a jury finding him guilty of the charge made in the indictment.

Defendant first contends that the government failed, as a matter of law, to prove one essential element of the offense charged, namely, that the…