WILSON v. UNITED STATES

No. 11584.

158 F.2d 659 (1947)

WILSON v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied February 3, 1947.

Writ of Certiorari Denied April 7, 1947.


Attorney(s) appearing for the Case

G. Ernest Jones and Ira E. Tidwell, both of Birmingham, Ala., for appellant.

John D. Hill, U. S. Atty., Gorman R. Jones, Jr., and Osce M. Bentley, Asst. U. S. Attys., all of Birmingham, Ala., for appellee.

Before SIBLEY, HOLMES, and WALLER, Circuit Judges.


HOLMES, Circuit Judge.

Upon a trial by jury, appellant was found guilty of embezzlement of money belonging to the United States, in violation of Section 100, Title 18, of the United States Code Annotated. Two points are raised on this appeal: first, the sufficiency of the evidence to support the verdict; second, the failure of the indictment to allege that the money embezzled was the property of the United States.

The indictment was in four counts, and each...

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