NEES v. CULBERTSON

No. 24400.

406 F.2d 621 (1969)

Robert P. NEES, Appellant, v. R. E. CULBERTSON, Sheriff, Jefferson County, Texas, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing and Rehearing Denied March 24, 1969.


Attorney(s) appearing for the Case

Phillip Bordages, M. Herbert Oldham, and A. W. Dycus, Beaumont, Tex., for appellant.

Lonny F. Zwiener, Robert E. Owen, Jim Vollars, Asst. Attys. Gen., Austin, Tex., Crawford C. Martin, Atty. Gen. of Texas, George M. Cowden, First Asst. Atty. Gen., A. J. Carubbi, Jr., Staff Legal Asst. Atty. Gen., R. L. Lattimore, Howard M. Fender, Asst. Attys. Gen., Austin, Tex., for appellee.

Before JOHN R. BROWN, Chief Judge, and WISDOM and GOLDBERG, Circuit Judges.


Rehearing and Rehearing En Banc Denied March 24, 1969.

GOLDBERG, Circuit Judge:

The appellant, Robert P. Nees, was indicted and convicted for fraudulent misapplication of public funds in violation of Article 95, Vernon's Annotated Penal Code.1 Specifically, the indictment charged that Nees on or about July 31, 1959, did fraudulently take and convert to his own use $312.35 belonging to...

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