The following excerpt is from United States v. Russo, 413 F.2d 432 (2nd Cir. 1969):
The claim is without merit. The government made no effort to show that appellant at any time was in possession of the stolen goods. Moreover, the charge was proper even as to those defendants who were shown to have had possession. See United States v. Gainey, 380 U.S. 63, 85 S.Ct. 754, 13 L.Ed.2d 658 (1965).
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