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UNITED STATES v. CLARKE

No. 71-2017 Summary Calendar.

451 F.2d 584 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Chester Albert CLARKE, Sr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 7, 1971.

Attorney(s) appearing for the Case

Paul B. Johnson, Tampa, Fla., for defendant-appellant.

John L. Briggs, U. S. Atty., William M. James, Jr., Tampa, Fla., for plaintiff-appellee.

Before BELL, AINSWORTH, and GODBOLD, Circuit Judges.

BELL, Circuit Judge:

This appeal is from conviction on an indictment charging appellant with aiding and abetting in the forging and passing of two United States Treasury Bonds, in violation of Title 18, USCA, §§ 2 and 495. We reverse.

The record discloses that during September, 1966, the Belle State Bank in Belle, Missouri, was burglarized. Among the items stolen were two $1,000 United States Treasury Bonds, a certificate representing 100 shares...

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