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WHITLEY v. UNITED STATES

No. 8757.

100 F.2d 504 (1938)

WHITLEY et al. v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 13, 1939.

Attorney(s) appearing for the Case

Roy A. Scott, of Corpus Christi, Tex., for appellants.

Douglas W. McGregor, U. S. Atty., and Geo. P. Red, Asst. U. S. Atty., both of Houston, Tex.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.

HUTCHESON, Circuit Judge.

Whitley and Hill were convicted on all counts of an indictment charging them jointly: In count 1, with conspiracy to use; in counts 9 to 10 inclusive with using, the mails to defraud; in counts 12 to 15, with unlawfully misapplying, and in count 16 with embezzling, funds of an insured bank; and Whitley alone in count 11 with making false entries on the books, and in counts 17 and 18, with embezzling funds, of an insured bank. On counts 1...

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