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UNITED STATES v. KIMBALL

No. 528-70.

441 F.2d 505 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. James B. KIMBALL, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied June 16, 1971.

Attorney(s) appearing for the Case

Jeff R. Laird, Asst. U. S. Atty., Oklahoma City, Okl. (William R. Burkett, U. S. Atty., Oklahoma City, Okl., with him on the brief), for plaintiff-appellee.

John Chiaf, Oklahoma City, Okl., for defendant-appellant.

Before PICKETT and HOLLOWAY, Circuit Judges, and BRATTON, District Judge.

PICKETT, Circuit Judge.

This is an appeal from a conviction and sentence upon an indictment charging appellant Kimball with embezzling and converting to his own use funds belonging to his employer arising from interstate commerce in violation of 18 U. S.C. § 660.1 Kimball offered no defense and only questions of law are presented.

Ray Foreman of Crete, Nebraska was in the business...

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