UNITED STATES v. KIRKMAN

Nos. 13860, 13861.

426 F.2d 747 (1970)

UNITED STATES of America, Appellee, v. Earl Gilbert KIRKMAN, Appellant. UNITED STATES of America, Appellee, v. G. G. SHAW and W. E. Draper, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided May 26, 1970.


Attorney(s) appearing for the Case

E. L. Alston, Jr., Greensboro, N. C. (Alston, Pell, Pell & Weston, Greensboro, N. C., on the brief), for appellant in No. 13,860. Robert S. Cahoon, Greensboro, N. C., for appellants in No. 13,861. William L. Osteen, U. S. Atty. (Richard M. Dailey, Jr., Asst. U. S. Atty., on the brief), for appellee.

Before HAYNSWORTH, Chief Judge, and BOREMAN and CRAVEN, Circuit Judges.


CRAVEN, Circuit Judge.

E. G. Kirkman, as principal, and G. G. Shaw and W. E. Draper, as sureties, appeal from the district court's order denying their motions to set aside, or remit, the forfeiture of Kirkman's $25,000 criminal court appearance bond. See Fed.R.Crim.P. 46(f) (2) and (4). We reverse as to Shaw and Draper and vacate and remand with instructions as to Kirkman.

Kirkman was charged with knowingly receiving and possessing goods stolen from interstate...

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