UNITED STATES v. RANDOLPH

No. 71-3314.

460 F.2d 367 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Michael S. RANDOLPH, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 23, 1972.


Attorney(s) appearing for the Case

Gene H. Auvil, Miami, Fla. (Court Appointed), for defendant-appellant.

Robert W. Rust, U. S. Atty., Michael P. Sullivan, Miami, Fla., for plaintiff-appellee.

Before GEWIN, COLEMAN and INGRAHAM, Circuit Judges.


GEWIN, Circuit Judge:

Michael S. Randolph appeals from a judgment of conviction of false impersonation of an officer in the United States Army in violation of part [1] of 18 U.S.C. § 912.1 His challenge to the sufficiency of the indictment in which he was charged requires this court to complete its consideration of whether an allegation of "fraudulent intent" is required in order to charge a violation of § 912.

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