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UNITED STATES v. BEAN

No. 30331.

443 F.2d 17 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Claude Melvin BEAN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 26, 1971.

Attorney(s) appearing for the Case

Jimmy D. Ashley, J. Monty Bray, Houston, Tex., for defendant-appellant.

Seagal V. Wheatley, U. S. Atty., El Paso, Tex., Henry J. Novak, Jr., Asst. U. S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before SKELTON, Judge, and MORGAN and CLARK, Circuit Judges.

CLARK, Circuit Judge:

Claude Melvin Bean was found guilty by a jury on two counts charging violations of 18 U.S.C.A. § 472 (1966), which proscribes uttering counterfeit obligations and was sentenced to concurrent 5-year terms on each count. The photographic identification procedures utilized in connection with one utterance were prejudicially erroneous and, lacking the consequent identification, the evidence was insufficient to show intent as to the other count...

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