Ples Elworth Russell, and Roy Russell v. United States

Appellants were two of twelve defend: ants indicted by a fifteen count indictment, charging all twelve defendants with violating 18 U.S.C. § 659 , stealing from interstate shipments of freight and express. ■ Appellant Pies Elworth Russell was charged in Counts 12 and 15; appellant Roy Russell was charged in Count 15.

Upon arraignment Pies Russell entered a plea of not guilty to Counts 12 and 15; Roy Russell entered a plisa of not guilty to Count 15. They were tried by jury and convicted of the counts in which named. Sentences were imposed by the court, under which Roy Russell was committed to the custody of the Attorney General for a period of three years, and Pies Russell was committed to the custody of the Attorney General for a period of five years.

The jurisdiction of the United States District Court rests upon Title 18 U.S. C. §§ 659 and 3231. Jurisdiction of this Court exists pursuant to Title 28 U.S.C. §§ 1291 and 1294.

I.

Appellants first urge insufficiency of the evidence to convict appellant Pies Russell under Count 12, relating to thir*teen typewriters.

The evidence against Pies Russell on this count is admittedly weak. At best, when mention was made in his…