UNITED STATES v. COHEN

No. 71-1216.

450 F.2d 1019 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel Irwin COHEN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 19, 1971.


Attorney(s) appearing for the Case

Bill Ellis, Jr., McAllen, Tex. (court appointed), for defendant-appellant.

Anthony J. P. Farris, U. S. Atty., Houston, Tex., Raul A. Gonzalez, Brownsville, Tex., James R. Gough, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.


GEWIN, Circuit Judge:

Daniel Irwin Cohen was found guilty by a jury of violating 18 U.S.C. § 3150 by willfully failing to appear for arraignment on an indictment. On appeal Cohen challenges the sufficiency of the indictment, the evidence and the court's instructions to the jury. In view of the facts disclosed by the record it is our conclusion that error was committed in the court's instructions which require that this...

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