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CUMMINGS v. UNITED STATES

No. 19004.

398 F.2d 377 (1968)

Robert Donald CUMMINGS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

July 24, 1968.

Attorney(s) appearing for the Case

Gray Carroll Stirbling, Jr., St. Louis, Mo., for appellant.

John A. Newton, Asst. U. S. Atty., St. Louis, Mo., for appellee; Veryl L. Riddle, U. S. Atty., St. Louis, Mo., on the brief.

Before VAN OOSTERHOUT, Chief Judge, HEANEY, Circuit Judge and REGISTER, Chief District Judge.

HEANEY, Circuit Judge.

The defendant and his wife were convicted of uttering and publishing a United States Savings Bond1 in violation of Title 18 U.S.C. § 495. The defendant was sentenced to three years. His wife was given a suspended sentence. Both testified in their own behalf, their defense being that the owner of the bond had authorized Mrs. Cummings to cash it and other bonds, and to open an account from the proceeds in the...

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