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UNITED STATES v. UPSHAW

No. 28808.

448 F.2d 1218 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Eddie UPSHAW et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearings Denied September 3, 1971.

Attorney(s) appearing for the Case

Arthur Parker, Birmingham, Ala., for Upshaw.

Fred Blanton, Jr., J. Howard Perdue, Jr., Birmingham, Ala., for Davis.

Demetrius C. Newton, F. Don Siegal, Birmingham, Ala., for Bethune.

Louis Bethune, pro se.

Wayman G. Sherrer, U. S. Atty., R. Macey Taylor, Melton L. Alexander, Asst. U. S. Attys., Birmingham, Ala., for plaintiff-appellee.

Before THORNBERRY and GODBOLD, Circuit Judges, and BOOTLE, District Judge.

GODBOLD, Circuit Judge:

Morris Davis, Louis Bethune and Eddie Upshaw were convicted by a jury of conspiracy to transmit forged instruments in interstate commerce, 18 U.S.C. § 371, and Bethune and Upshaw of actually transmitting forged instruments in interstate commerce, 18 U.S.C. § 2314. We affirm as to Upshaw and reverse as to Davis and Bethune.

We summarize briefly the background facts in the light most favorable to the Government. Glasser v. United...

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