UNITED STATES v. SEIFFERT

No. 71-2991.

463 F.2d 1089 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Louis L. SEIFFERT, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 10, 1972.


Attorney(s) appearing for the Case

James DeAnda, David L. Perry, Edwards & DeAnda, Attorneys at Law, Corpus Christi, Tex., for defendant-appellant.

Anthony J. P. Farris, U. S. Atty., James R. Gough, Theo W. Pinson, III, Mary L. Sinderson, Asst. U. S. Attys., Jack Provine, Asst. U. S. Atty., Houston, Tex., for plaintiff-appellee.

Before DYER, Circuit Judge, and SKELTON, Judge, and INGRAHAM, Circuit Judge.


DYER, Circuit Judge:

Seiffert seeks a reversal of his conviction by a jury for misappropriating funds of a federally insured bank, 18 U. S.C.A. § 656, claiming error in the Government's alleged use of his bankruptcy testimony in violation of 11 U.S.C.A. § 25(a) (10) (1972 Supp.). Because we find that a sufficient showing was not made concerning the source of the Government's evidence, we remand the case for further findings.

At the time of the failure...

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