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UNITED STATES v. VARNER

No. 29513.

441 F.2d 386 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Charles E. VARNER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 12, 1971.

Attorney(s) appearing for the Case

John A. DeVault, III, Jacksonville, Fla., Williams, Geilich & Potter, Melbourne, Fla., Robert P. Smith, Jr., Jacksonville, Fla., for appellant; Ralph Geilich, Melbourne, Fla., Bedell, Bedell, Dittmar, Smith & Zehmer, Jacksonville, Fla., of counsel.

Kendell W. Wherry, Asst. U. S. Atty., John L. Briggs, U. S. Atty., Jacksonville, Fla., for appellee.

Before JOHN R. BROWN, Chief Judge, and TUTTLE and GODBOLD, Circuit Judges.

ON PETITION FOR REHEARING

PER CURIAM:

The court has carefully considered the petition for rehearing, largely because of the insistence by appellant that the indictment was bad because it charged Varner with having used "bank drafts" for deposit to his account, whereas there was no proof of the deposit of anything other than either "customers' drafts" or simple bank checks. It is the contention of the appellant on this motion for rehearing, that this permitted...

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