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UNITED STATES v. WHITE

No. 29259 Summary Calendar.

440 F.2d 978 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Harold Frank WHITE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 12, 1971.

Attorney(s) appearing for the Case

Merrell, Samuel E. Murrell & Sons, Orlando, Fla., for appellant.

Kendell W. Wherry, Asst. U. S. Atty., Orlando, Fla., John L. Briggs, U. S. Atty., Richard J. Mandell, Asst. U. S. Atty., for appellee.

Before GEWIN, GOLDBERG, and DYER, Circuit Judges.

GOLDBERG, Circuit Judge:

Harold Frank White was indicted in 1967 on two counts: Count 1, knowingly entering a savings and loan association insured by the Federal Deposit Insurance Corporation with intent to commit robbery in violation of 18 U.S.C.A. § 2113(a);1 and Count 2, larceny of $5,760.00 from that savings and loan association in violation of 18 U.S.C.A. § 2113(b). The jury was instructed that it could return a verdict...

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