United States v. Stanley Rimar, David L. Schurgin, Russell P. Barber

JOHN W. PECK, Circuit Judge.

These defendants appeal their convictions under a two-count indictment for stealing and aiding and abetting in the theft of goods from interstate commerce, and for possession of goods knowing them to have been stolen from interstate commerce. The trial judge first determined that Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968) required the severance of certain defendants. Thereafter, at a single trial, he sat as the trier of fact as to the defendants Barber and Schurgin who had waived jury trial, and empanelled two juries to hear the…