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story, and an investigation ensued. The investigating inspector
concluded that the proposition that the money was a set-up or a
bribe could not be substantiated. The money was returned to Hund
at a later point not within the years in issue. Respondent
asserts Grove received $500 of the Hitchens summer 1983 payment.
Hund testified that he shared the second $1,000 with Grove during
their conversation, each taking half. We sustain respondent's
assertion.
Clyde Sims Search
On July 21, 1983, Cattalo obtained a search warrant for the
premises of "Akeem", a.k.a. "Sam", and Cattalo, Wilson, Ryan, and
Grove conducted a search. They found marijuana and $1,200, and
they arrested Clyde Sims (Sims). The officers did not issue Sims
a money receipt for the $1,200, and they did not return the money
to him.
Respondent asserts that each petitioner received $200 from
the Sims search. The total amount appropriated from Sims was
$1,200. Wilson, Cattalo, and Grove were convicted of robbery and
conspiracy with respect to the Sims search. Both Ryan and Hund
testified that they received about $200, Ryan receiving his from
Cattalo, and Hund, who had been on vacation, receiving his later
from Grove, who attributed the money to the Sims, and at least
one other, search. Ryan testified that Grove, Hund, Wilson, and
Giongo received money, but he also testified incorrectly that
Hund was on the search. We need not accept Ryan's testimony in
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