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DOWNING v. UNITED STATES

No. 6377.

54 F.2d 65 (1932)

DOWNING v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 9, 1932.

Attorney(s) appearing for the Case

Zach H. Douglas, of Gainesville, Fla., and James H. Bunch, of Jacksonville, Fla., for appellant.

Fred Cubberly, U. S. Atty., and Geo. Earl Hoffman, Asst. U. S. Atty., both of Pensacola, Fla.

Before BRYAN, SIBLEY, and WALKER, Circuit Judges.

BRYAN, Circuit Judge.

Appellant was convicted upon an indictment drawn under 18 USCA § 355, which charged that he "then and there being Postmaster * * * and then and there having in his custody and control and possession as such Postmaster * * * under and by virtue of his said office or employment * * * certain monies and property of the United States, to-wit: Three thousand three hundred sixteen dollars and ninety cents...

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