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UNITED STATES v. ASHCOM

No. 28234.

428 F.2d 1362 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Clyde F. ASHCOM and Charles S. O'Toole, Jr., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 30, 1970.

Attorney(s) appearing for the Case

Joseph A. Varon, Varon, Stahl & Perlin, Hollywood, Fla., Jerry Mosca, Mosca & Barone, Shalle Stephen Fine, Miami, Fla., for Charles S. O'Toole, Jr.

Samuel S. Forman, Miami, Fla. (Court-appointed), Clyde F. Ashcom, pro se, for Clyde F. Ashcom.

Robert W. Rust, U. S. Atty., Aaron A. Foosaner, First Asst. U. S. Atty., Wm. A. Daniel, Lloyd G. Bates, Jr., Asst. U. S. Attys., Miami, Fla., for plaintiff-appellee.

Before BELL, COLEMAN, and AINSWORTH, Circuit Judges.

BELL, Circuit Judge:

Appellants were charged in a twelve count indictment with violating Title 18 U.S.C.A. §§ 656 and 1005 through the misapplication of the funds of a bank whose deposits were insured by the Federal Deposit Insurance Corporation, and with making false entries in the books and records of the bank. The appellants were bank officers. Ashcom was convicted on Count 1 among others. The government confesses error as to Count 1 and the judgment...

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