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UNITED STATES v. SMITH

No. 72-1939.

470 F.2d 1299 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Louis Ray SMITH, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 4, 1973.

Attorney(s) appearing for the Case

Herbert P. Sterling, Tampa, Fla. (Court-Appointed), for defendant-appellant.

John L. Briggs, U. S. Atty., Jacksonville, Fla., Claude H. Tison, Jr., Asst. U. S. Atty., Tampa, Fla., for plaintiff-appellee.

Before RIVES, THORNBERRY and GOLDBERG, Circuit Judges.

THORNBERRY, Circuit Judge:

Appellant Louis Ray Smith was convicted below of forging endorsements on a United States Treasury check in violation of 18 U.S.C.A. § 495. He appeals on double jeopardy grounds. We affirm.

Originally, in November 1970, appellant was charged in a two-count indictment with (Count I) obstructing the mail in violation of 18 U.S.C.A. § 1708 and (Count II) uttering a forged United States Treasury check. The government's theory...

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