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UNITED STATES v. SAYKLAY

No. 75-3871.

542 F.2d 942 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Yvonne SAYKLAY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 19, 1976.

Attorney(s) appearing for the Case

Lee A. Chagra (Court appointed), Joseph Chagra, El Paso, Tex., for defendant-appellant.

John Clark, U. S. Atty., San Antonio, Tex., Wm. B. Hardie, Jr., Mike T. Milligan, Asst. U. S. Atty., El Paso, Tex., for plaintiff-appellee.

Before GOLDBERG, SIMPSON and GEE, Circuit Judges.

GEE, Circuit Judge:

Yvonne Sayklay appeals her jury conviction of embezzlement under 18 U.S.C. § 656 (1970),1 claiming that the trial court erred in failing to grant her motion for acquittal based on either a failure of proof or a variance between the accusation and the proof. Reluctantly we conclude that the trial court should have granted the motion for acquittal, and we reverse and grant defendant's motion.

We do so reluctantly...

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