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UNITED STATES v. PRUITT

No. 20912.

446 F.2d 513 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Dennis Ray PRUITT, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

August 11, 1971.

Attorney(s) appearing for the Case

J. Patrick Sullivan, Lexington, Ky. (Court Appointed), for appellant.

Robert E. Rawlins, Lexington, Ky., Eugene E. Siler, Jr., U. S. Atty., William D. Kirkland, Asst. U. S. Atty., Lexington, Ky., on the brief, for appellee.

Before PHILLIPS, Chief Judge, and EDWARDS and BROOKS, Circuit Judges.

PHILLIPS, Chief Judge.

The issue on this appeal is whether a bank messenger entrusted with funds of his employer for delivery to a branch bank may be prosecuted under 18 U.S.C. § 2113(b) for appropriating such funds to his own use.

We answer this question in the affirmative and uphold the conviction of Dennis Ray Pruitt under § 2113(b) for larceny of bank funds.

Pruitt was employed as a messenger by the Second National Bank of Lexington,...

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