SMITH v. UNITED STATES

No. 12028.

214 F.2d 305 (1954)

SMITH v. UNITED STATES.

United States Court of Appeals Sixth Circuit.

May 31, 1954.


Attorney(s) appearing for the Case

Walker Percy, Memphis, Tenn., Troy W. Tomlin, Somerville, Tenn., on brief, for appellant.

Edward N. Vaden, Memphis, Tenn., Millsaps Fitzhugh, Edward N. Vaden, Memphis, Tenn., Warren Olney III, Asst. Atty. Gen., Washington, D. C., on brief, for appellee.

Before ALLEN, McALLISTER, and MILLER, Circuit Judges.


McALLISTER, Circuit Judge.

Appellant, a Chief Petty Officer in the United States Navy, was indicted on a charge that he knowingly presented a false and fraudulent claim for travel allowance for his dependents to the Disbursing Officer of the United States Naval Air Station at Millington, Tennessee, on December 4, 1952, in violation of Title 18 U.S.C.A. § 287. On a trial before a jury, he was convicted, and from the judgment, he appeals, claiming that the government...

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