UNITED STATES v. ELMAN

No. 28927.

433 F.2d 332 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Gerald ELMAN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 5, 1970.


Attorney(s) appearing for the Case

Barry N. Semet, Miami, Fla. (court appointed), for defendant-appellant.

Robert W. Rust, U. S. Atty., Jose E. Martinez, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, DYER and INGRAHAM, Circuit Judges.


PER CURIAM:

This is an appeal from a judgment wherein defendant was convicted upon trial by jury of eight counts of violation of Title 18, U.S.C.A. § 1341 (mail fraud statute), and received sentences of one year on each count, to run concurrently. The parties will be identified herein as they appeared in the district court.

Defendant asserts two errors, (1) that the court erred in charging the jury that defendant's prior conviction of mail fraud may be...

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