UNITED STATES v. ARCHAMBAULT

No. 450-70.

441 F.2d 281 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Virginia J. ARCHAMBAULT, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied May 11, 1971.


Attorney(s) appearing for the Case

Robert W. Caddes, Denver, Colo., for defendant-appellant.

Milton C. Branch, Asst. U. S. Atty., Denver, Colo., James L. Treece, U. S. Atty., Denver, Colo., on the brief, for plaintiff-appellee.

Before CLARK, Associate Justice, and HILL and McWILLIAMS, Circuit Judges.


HILL, Circuit Judge.

Appellant Archambault was a bank teller at a national bank in Denver, Colorado. On a two-count indictment she was charged with embezzling, abstracting, purloining or misapplying the bank's money, funds or credits with intent to injure or defraud the bank in violation of 18 U.S.C. § 656. At the conclusion of all evidence, the words "abstract, purloin, or misapply" were stricken from the indictment leaving only the statutory word "embezzle...

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