UNITED STATES v. BAYS

No. 71-1717 Summary Calendar.

448 F.2d 977 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Joe D. BAYS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 28, 1971.


Attorney(s) appearing for the Case

Frank D. Masters (Court-appointed), Masters, Gardner & Associates, A Professional Corp., San Antonio, Tex., for defendant-appellant.

Seagal V. Wheatley, U. S. Atty., James W. Kerr, Jr., Asst. U. S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.


PER CURIAM:

Bays appeals his conviction for theft of United States Government property valued in excess of One Hundred Dollars. 18 U.S.C. § 641 (1966).

In March, 1970, Specialist Everett Burke, the prosecution's key witness in the instant case, was found in possession of four weapons, a rifle, two pistols, and a machete, that had been missing from his unit's arms room at Fort Sam Houston, Texas. He was convicted on June 30, 1970 for stealing the weapons...

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