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UNITED STATES v. PORTER

No. 17264.

386 F.2d 270 (1967)

UNITED STATES of America, Plaintiff-Appellee, v. Harold PORTER, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

December 7, 1967.

Attorney(s) appearing for the Case

Edward R. Brown, Cleveland, Ohio, for appellant, Robert G. Tunnell, Jr., Cleveland, Ohio, on the brief.

Robert J. Rotatori, Asst. U. S. Atty., Cleveland, Ohio, for appellee, Merle M. McCurdy, U. S. Atty., Cleveland, Ohio, on the brief.

Before O'SULLIVAN and PHILLIPS, Circuit Judges, and CECIL, Senior Circuit Judge.

O'SULLIVAN, Circuit Judge.

Defendant-appellant, Harold Porter, appeals from conviction, upon jury trial, on both counts of a two count indictment. The first count charged that:

"On or about the 3rd day of May, 1963, in the Eastern Division of the Northern District of Ohio, HAROLD PORTER did receive, conceal and retain with intent to convert to his own use or gain a thing of value of the United States, to wit: U. S. Treasury Check No. 50,895,418 issued April...

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