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UNITED STATES v. GILBREATH

No. 71-1604. Summary Calendar.

452 F.2d 992 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Joe Willis GILBREATH, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 27, 1971.

Attorney(s) appearing for the Case

Charles W. Richards, Austin, Tex., Court appointed, for defendant-appellant.

Seagal V. Wheatley, U. S. Atty., Jerry Handy, Asst. U. S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and INGRAHAM and RONEY, Circuit Judges.

RONEY, Circuit Judge:

The defendant, Joe Willis Gilbreath, appeals a two count conviction for forging and uttering one United States Treasury check in violation of 18 U.S.C. § 495. Because we find that Gilbreath was denied a full and complete instruction to the jury on his defense that he had the payee's authority to endorse and cash the check, we reverse.

Defendant and Joseph B. Cochran, the payee on the United...

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