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BONNER v. UNITED STATES

No. 7447.

74 F.2d 652 (1935)

BONNER et al. v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied February 9, 1935.

Attorney(s) appearing for the Case

Leonard Brown, T. P. Hull, Herbert Oliver, and Dave Watson, all of San Antonio, Tex., J. H. Cunningham, Jr., of St. Louis, Mo., and Harold J. Bandy, of Granite City, Ill., and William C. Orchard and James Edward Reed, both of New Orleans, La., for appellants.

W. R. Smith, Jr., U. S. Atty., and Ben F. Foster and James F. Jackson, Asst. U. S. Attys., all of San Antonio, Tex.

Before BRYAN, FOSTER, and WALKER, Circuit Judges.

BRYAN, Circuit Judge.

In a criminal prosecution under 12 US CA § 592, appellants Bonner, Cunningham, and Morrow were convicted upon five counts of an indictment charging Bonner with five separate offenses of embezzlement of the funds of the Commercial National Bank of San Antonio, Tex., of which he was alleged to be the president, "with intent to defraud" that bank, and charging others, including Cunningham and Morrow, "with like intent," with aiding and abetting...

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