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UNITED STATES v. MAYBURY

No. 172, Docket 25857.

274 F.2d 899 (1960)

UNITED STATES of America, Appellee, v. Joseph MAYBURY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided January 27, 1960.

Attorney(s) appearing for the Case

Richard E. Nolan, New York City, (Agnes Folk Nolan, Florence M. Kelley, The Legal Aid Society, New York City, on the brief), for appellant.

Margaret E. Millus, Asst. U. S. Atty., New York City (Cornelius W. Wickersham, Jr., U. S. Atty., Brooklyn, N. Y., on the brief), for appellee.

Before LUMBARD, Chief Judge, and HAND and FRIENDLY, Circuit Judges.

FRIENDLY, Circuit Judge.

Maybury was indicted in the Eastern District of New York on two counts. Both related to a United States Treasury check for $68 payable to Abraham Kohl. The first count charged that, for the purpose of obtaining or receiving money from the United States, Maybury forged Kohl's name on the reverse of the check in violation of 18 U.S.C. § 495; the second charged that, in violation of the same section, Maybury uttered the check with intent...

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