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UNITED STATES v. HALPERIN

No. 28941.

441 F.2d 612 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Jack HALPERIN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 14, 1971.

Attorney(s) appearing for the Case

Charles W. Tessmer, Dallas, Tex., for defendant-appellant.

Eldon B. Mahon, U. S. Atty., B. H. Timmins, Jr., Charles D. Cabaniss, Andrew Barr, Asst. U. S. Attys., for plaintiff-appellee.

Before JONES, BELL and SIMPSON, Circuit Judges.

SIMPSON, Circuit Judge:

Jack Halperin appeals from a judgment of conviction and sentence based upon an indictment for receiving money knowing the same to have been taken from a national bank, Title 18, U. S.C., Section 2113(c). We find merit in the appeal and reverse and remand.

The evidence, viewed in a light most favorable to the government, Glasser v. United States, 1941, 315 U.S. 60, 62 S.Ct. 457, 86 L.Ed. 680, may be summarized...

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