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ISGATE v. UNITED STATES

No. 12438.

174 F.2d 437 (1949)

ISGATE v. UNITED STATES.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 30, 1949.

Attorney(s) appearing for the Case

M. Gabriel Nahas, Jr., Houston, Tex., James Royall, Houston, Tex., for appellant.

Brian S. Odem, U. S. Atty., Houston, Tex., William R. Eckhardt, III, Asst. U. S. Atty., Houston, Tex., for appellee.

Before HUTCHESON, SIBLEY, and WALLER, Circuit Judges.

PER CURIAM.

Appellant, indicted and convicted on both counts1 of an indictment charging violation of Sec. 347 [now § 500], Title 18 U.S.C.A., is here claiming reversible error. Two errors are claimed. One of these is in substance that the judge of the court did not correctly present the defense that what Isgate did was done by authority of Tyler, the payee. The other is that a new trial should have been granted for newly discovered...

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