Hadsell

Writ of error to review a conviction under two counts of an indictment which charged violation of section 1, Act February 13, 1913, 37 Stat. 670 (Comp. St. § 8603), to punish the unlawful stealing of freight packages or articles in process of transportation in interstate shipment and the felonious possession or reception of the same.

Count 2 charged that defendants did unlawfully have in their possession certain described automobile tires, which had theretofore been feloniously stolen from a certain numbered and described railroad ear while said car was traveling between Watsonville Junction, in Monterey county, Cal., and Oakland, Alameda county, Cal., the said ear and the said goods therein contained constituting a part of an interstate shipment of freight consigned from a named consign- or and in transit 'from Akron, Ohio, to a named consignee in San Francisco, Cal., and which automobile tires in said car, at the time the tiros were stolen, were in possession of the Western Pacific Railroad Company, a common carrier; the defendants then and there at tho time of so having the tires in their possession as aforesaid, well knowing said tires to have been stolen as aforesaid.

Count…