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UNITED STATES v. HARGRAVE

Nos. 13323, 13324.

416 F.2d 966 (1969)

UNITED STATES of America, Appellee, v. Melvin Willis HARGRAVE, Appellant. UNITED STATES of America, Appellee, v. Carvel Eugene BENSON, Appellant.

United States Court of Appeals Fourth Circuit.

October 9, 1969.

Attorney(s) appearing for the Case

Stanley E. Sacks, and Sacks, Sacks & Tavss, Norfolk, Va., on brief for appellant in No. 13,323.

Richard G. Brydges, H. Calvin Spain, and Brydges, Broyles & McKenry, Virginia, Beach, Va., on brief for appellant in No. 13,324.

Brian P. Gettings, U. S. Atty., and Roger T. Williams, Asst. U. S. Atty., on brief for appellee.

Before BOREMAN, BRYAN and WINTER, Circuit Judges.

PER CURIAM:

In these appeals defendants' sole contention is that the indictment returned against them charged them with the specific intent to defraud William M. McCord in the passing of counterfeit money.1 The existence of such an intent was not proved, so they argue, and hence defendants were entitled to acquittal. Defendants concede that in the usual prosecution under 18 U.S.C.A. § 472 only a general intent to defraud need be proved...

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