UNITED STATES v. DALEY

Nos. 71-1122, 71-1182.

454 F.2d 505 (1972)

UNITED STATES of America, Appellee, v. John J. DALEY, Defendant-Appellant.

United States Court of Appeals, First Circuit.

January 20, 1972.


Attorney(s) appearing for the Case

John D. O'Reilly, III, Framingham, Mass., by appointment of the Court, for appellant.

Henry H. Hammond, Asst. U. S. Atty., with whom James N. Gabriel, U. S. Atty., was on brief, for appellee.

Before ALDRICH, Chief Judge, and McENTEE and COFFIN, Circuit Judges.


McENTEE, Circuit Judge.

Defendant was convicted by a jury on two counts of embezzling funds from an employee pension benefit plan in violation of 18 U.S.C. § 664 (1970). The indictment, which charged him with embezzlement of $2,540 (Count I) and $850 (Count II), was the third indictment against the defendant for the same offenses, but the only one to come to trial. The defendant raises several issues on appeal.

During the years 1966-1968 the defendant...

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