PHILLIPS v. UNITED STATES

Nos. 10167, 10168.

406 F.2d 599 (1969)

Elmer E. PHILLIPS and Charles E. Farris, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

January 29, 1969.


Attorney(s) appearing for the Case

Frederick E. Dickerson, Denver, Colo., for appellants.

Richard T. Spriggs, Asst. U. S. Atty., Denver, Colo. (Lawrence M. Henry, U. S. Atty., Denver, Colo., with him on the brief), for appellee.

Before MARVIN JONES, Senior Judge, Court of Claims, BREITENSTEIN and HICKEY, Circuit Judges.


HICKEY, Circuit Judge.

Appellant Elmer E. Phillips was convicted on two counts charging the making of false entries in the book of a national bank in violation of 18 U.S.C. § 1005. Appellant Charles E. Farris was convicted of aiding and abetting in the making of these false entries in violation of 18 U.S.C. § 2.

The three issues presented for review are: Whether there was a "false entry" made within the meaning of the statute and whether the evidence...

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