Janow v. United States, 10843.
| Decision Date | 11 April 1944 |
| Docket Number | No. 10843.,10843. |
| Citation | 141 F.2d 1017 |
| Parties | JANOW v. UNITED STATES. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Louis S. Joel and P. Guy Crews, both of Jacksonville, Fla., for appellant.
Herbert S. Phillips, U. S. Atty., of Tampa, Fla., and Damon G. Yerkes, Asst. U. S. Atty., of Jacksonville, Fla., for appellee.
Before SIBLEY, McCORD, and WALLER, Circuit Judges.
This is an appeal by Sam Janow from convictions upon two indictments which were consolidated for trial. The first indictment, No. 7034, is in two counts, each charging Janow and one John Franklin Croom with having unlawfully received and having in their possession certain described cigarettes "well knowing said goods and chattels to have been stolen," and that the cigarettes had been a part of a described interstate shipment of freight moving from Atlanta, Georgia to Jacksonville, Florida.
The second indictment, No. 7053, charges Janow, Croom, and a third defendant, Leroy Thomas, with having conspired to commit the offense of stealing, taking, carrying away, buying, receiving and having in their possession certain goods and chattels which had been stolen from interstate shipments "with knowledge on the part of each of them that said goods and chattels had been stolen."
Leroy Thomas pleaded guilty to the conspiracy indictment and thereafter testified for the Government against Janow and Croom. Both Croom and Janow were convicted. Thomas was sentenced to serve two years in a penal institution. Croom, also convicted on both indictments, was sentenced to a year and a day in each, and his sentences were suspended by the court. Janow was sentenced to a year and a day on the substantive indictment and his sentence was suspended, but on the conspiracy indictment he also was sentenced to serve a year and a day in a penal institution.
The pertinent facts: Leroy Thomas and Ike Cigar were employees of the K & L Transportation Company of Jacksonville, Florida; this company was engaged in transporting goods and chattels for hire in interstate commerce; Thomas and Cigar, with intent to steal, removed from interstate commerce shipments, at different times, cases of cigarettes, the same being described as "Old Gold" and "Lucky Strike" cigarettes, and they were delivered to Croom, who claimed to be a divine healer and lived across the street from the store of Sam Janow; Sam Janow would furnish Croom the money with which to purchase the cigarettes and after they were purchased...
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