BARBEE v. UNITED STATES

No. 23822.

392 F.2d 532 (1968)

Howard Wallace BARBEE and Bobby Joe Manziel, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 19, 1968.

Certiorari Denied May 27, 1968.


Attorney(s) appearing for the Case

John D. Cofer, G. Hume Cofer, Douglass D. Hearne, Austin, Tex., James Byron Saunders, Saunders & Caldwell, Tyler, Tex., Cofer, Cofer & Hearne, Austin, Tex., for appellants; Thomas H. Nation, Austin, Tex., of counsel.

Wm. Wayne Justice, U. S. Atty., Tyler, Tex., Paul C. Summitt, Atty., Dept. of Justice, Fred M. Vinson, Jr., Asst. Atty. Gen., Beatrice Rosenberg, Atty., U. S. Dept. of Justice, Washington, D. C., for appellee.

Before WISDOM, THORNBERRY and GOLDBERG, Circuit Judges.


Certiorari Denied May 27, 1968. See 88 S.Ct. 1849.

GOLDBERG, Circuit Judge.

In 1963 Howard Wallace Barbee and Bobby Joe Manziel, then gullible and motivated by avarice, lost ten thousand dollars in a confidence racket. The memory of that hoax lingered with them, and two years later, still motivated by avarice, they sought to recoup their losses by instigating the same racket for their benefit. The only difference was that their intended victim notified the...

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