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UNITED STATES v. QUEEN

No. 649-70.

445 F.2d 358 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. John Taylor QUEEN, also known as Jerry Arnold, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 23, 1971.

Attorney(s) appearing for the Case

Jeff R. Laird, First Asst. U. S. Atty. (William R. Burkett, U. S. Atty., on the brief), for plaintiff-appellee.

Jay R. Bond, Oklahoma City, Okl., for defendant-appellant.

Before BREITENSTEIN, ALDISERT, and McWILLIAMS, Circuit Judges.

BREITENSTEIN, Circuit Judge.

We have here a unique question arising under 18 U.S.C. § 660 and relating to the misapplication of property used in commerce. The district court denied a motion to dismiss the indictment. See United States v. Queen, W.D.Okl., 313 F.Supp. 896. The jury found the defendant-appellant Queen guilty and he appeals from the judgment of sentence. The basic issue is whether defendant was an employee of...

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