UNITED STATES v. MOORE

No. 28765 Summary Calendar.

427 F.2d 38 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Plasco G. MOORE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 6, 1970.


Attorney(s) appearing for the Case

Lester L. May, Kenneth A. Herridge, Dallas, Tex., for defendant-appellant.

Eldon B. Mahon, U. S. Atty., Dallas, Tex., Charles D. Cabaniss, Asst. U. S. Atty., for plaintiff-appellee.

Before THORNBERRY, CLARK and INGRAHAM, Circuit Judges.


CLARK, Circuit Judge.

On stipulated facts in a trial before the court without a jury, Plasco G. Moore was convicted on each of 10 counts charging wilful embezzlement and conversion of funds of an employee pension benefit plan to his own use and to the use of the Retail Furniture Association of Texas, Inc. (RFAT). His contentions that the stipulation failed to prove the elements of the crime, particularly a wilful or knowing criminal act, and that the district court...

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