STEPHENS v. UNITED STATES

No. 22497.

354 F.2d 999 (1965)

Clinton Thiel STEPHENS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 31, 1966.


Attorney(s) appearing for the Case

William N. Hamilton, Dallas, Tex., (Court-appointed), for appellant.

B. H. Timmins, Jr., Asst. U. S. Atty., Dallas, Tex., William O. Callaway, Jr., Asst. U. S. Atty., for appellee.

Before JONES, Senior Judge, and GEWIN and BELL, Circuit Judges.


PER CURIAM:

The appellant was tried and convicted of violating the mail fraud statute, 18 U.S.C.A. § 1341. He seeks a reversal because: (1) his motion for a judgment of acquittal made at the conclusion of the Government's case was not granted; and (2) an alleged fatal variance between the evidence and the charge contained in the indictment.

When the motion for acquittal was made, the trial judge reserved his ruling until the conclusion of the evidence...

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