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GARRETT v. UNITED STATES

No. 24819.

396 F.2d 489 (1968)

Bernard S. GARRETT and Joseph B. Morris, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 26, 1968.

Certiorari Denied November 18, 1968.

Attorney(s) appearing for the Case

Joe Tonahill, Jasper, Tex., William F. Kemp, Austin, Tex., Emmett Colvin, Jr., Dallas, Tex., for appellants.

Jamie C. Boyd, Harry Lee Hudspeth, Asst. U. S. Attys., Ernest Morgan, U. S. Atty., El Paso, Tex., for appellee.

Before RIVES, BELL and GOLDBERG, Circuit Judges.

GRIFFIN B. BELL, Circuit Judge.

Appellants Garrett and Morris were convicted of willfully misapplying national bank funds insured by the Federal Deposit Insurance Corporation in violation of 18 U.S.C.A. § 656. They were charged in a two-count indictment. The first count alleged a substantive violation of the statute; the second charged a conspiracy to violate the statute in the same manner. They were convicted on both...

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