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WARD v. UNITED STATES

No. 18286.

316 F.2d 113 (1963)

James Vernon WARD, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied May 15, 1963.

Attorney(s) appearing for the Case

Morris N. Karch, Los Angeles, Cal., for appellant.

Francis C. Whelan, U. S. Atty., Thomas R. Sheridan, Asst. U. S. Atty., Chief, Criminal Section; and Phillip W. Johnson, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before BARNES and MERRILL, Circuit Judges, and BURKE, District Judge.

BARNES, Circuit Judge.

Appellant was indicted on four counts, tried and found guilty on each. Count I charged him with a conspiracy to steal government income tax refund checks from the United States mail and to forge and cash them; 18 U.S.C. § 1708; 18 U.S.C. §§ 371, 494, 495. Count II charged the substantive offense of stealing from the United States mail on February 24, 1962; Count III with having such stolen checks in his possession on February...

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