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HAVENER v. UNITED STATES

No. 7228.

15 F.2d 503 (1926)

HAVENER v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

November 1, 1926.

Attorney(s) appearing for the Case

William A. Bryans, of Denver, Colo., for plaintiff in error.

Alton H. Skinner, Asst. U. S. Atty., of Topeka, Kan. (Al F. Williams, U. S. Atty., and Frank H. McFarland, Asst. U. S. Atty., both of Topeka, Kan., on the brief), for the United States.

Before VAN VALKENBURGH and BOOTH, Circuit Judges, and PHILLIPS, District Judge.

BOOTH, Circuit Judge.

Plaintiff in error, Charles E. Havener, was indicted, tried, and convicted for violation of section 5209, R. S., as amended by the Act of September 26, 1918 (40 Stat. 972 [Comp. St. § 9772]). The indictment contained three counts:

The first count charged that Leo A. Mergen, cashier of the Union National Bank, of Beloit, Kan., on the 25th of June, 1921, willfully misapplied certain moneys, funds, and credits of the bank, to wit, the...

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