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UNITED STATES v. SEAY

No. 27999.

432 F.2d 395 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas Johnson SEAY and Hoyt Jackson McGee, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 22, 1970.

Attorney(s) appearing for the Case

Harry Wilters, Jr., Bay Minette, Ala. (court appointed), for Seay.

Thomas M. Haas, Mobile, Ala. (court appointed), for McGee.

William R. Favre, Jr., Asst. U. S. Atty., C. S. White-Spunner, Jr., U. S. Atty., Irwin W. Coleman, Jr., Asst. U. S. Atty., Mobile, Ala., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and GOLDBERG and CLARK, Circuit Judges.

CLARK, Circuit Judge:

Thomas Johnson Seay and Hoyt Jackson McGee were jointly indicted, tried and convicted on a three count indictment charging violation of a statute of the United States which prohibits the passing or uttering, with intent to defraud, of a falsely made or counterfeited obligation of the United States.1 Each was sentenced to a term of four (4) years.

On this appeal Seay...

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