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UNITED STATES v. LEWIS

No. 78-5430.

592 F.2d 1282 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Jesse LEWIS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 10, 1979.

Attorney(s) appearing for the Case

David G. Flack (Court-Appointed), Montgomery, Ala., for defendant-appellant.

Barry E. Teague, U. S. Atty., James E. Wilson, Charles R. Niven, Asst. U. S. Attys., Montgomery, Ala., for plaintiff-appellee.

Before BROWN, Chief Judge, COLEMAN and TJOFLAT, Circuit Judges.

COLEMAN, Circuit Judge.

I. FACTS

Jesse Lewis appeals his conviction by a jury of uttering and publishing as true a check with a falsely made and forged endorsement, 18 U.S.C. § 495. Because what could have been a lawful defense was not allowed to go to the jury, we reverse and remand.1

When Jesse Lewis, an insurance agent, went to the home of Mrs. Irene Rice on May 27,...

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