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UNITED STATES v. GILBERT

No. 23324.

433 F.2d 1172 (1970)

UNITED STATES of America v. James H. GILBERT, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided September 8, 1970.

Petition for Rehearing Denied October 30, 1970.

Attorney(s) appearing for the Case

Mr. Ralph S. Spritzer, with whom Mr. Paul Bender, Washington, D. C. (both appointed by this court), was on the brief, for appellant.

Mr. William S. Block, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., and John A. Terry and John F. Rudy, II, Asst. U. S. Attys., were on the brief, for appellee.

Before WRIGHT and TAMM, Circuit Judges, and NICHOLS, Judge, United States Court of Claims.

PER CURIAM:

On overwhelming evidence, appellant was convicted of six counts of forgery and uttering in violation of 22 D.C.Code § 1401 (1967). The only point raised on appeal is that the trial court refused on request to charge the jury that the United States had the burden of proving beyond a reasonable doubt that appellant was without authority from Charles W. Bailey in signing his name to the Sears, Roebuck &...

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