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UNITED STATES v. BATES

No. 72-1646.

468 F.2d 1252 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Harold Alfred BATES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 8, 1972.

Attorney(s) appearing for the Case

James R. Malsch, Shreveport, La. (Court appointed), for defendant-appellant.

Donald E. Walter, U.S. Atty., D.H. Perkins, Jr., Asst. U.S. Atty., Shreveport, La., for plaintiff-appellee.

Before DYER, SIMPSON and MORGAN, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge:

Harold Alfred Bates was charged in a two-count indictment with stealing a treasury check from the mail and causing another to falsely endorse and cash the check in violation of 18 U.S.C. §§ 1702, 495, 2(b).1 From a jury conviction on both counts Bates appeals to this court. We find merit in two of Bates' assertions of error, and we therefore reverse the conviction and remand the case for a new...

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