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UNITED STATES v. POLLARD

No. 73-2458 Summary Calendar.

486 F.2d 190 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Frank D. POLLARD, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 18, 1973.

Attorney(s) appearing for the Case

John S. Bowman, (court appointed), Montgomery, Ala., for defendant-appellant.

Ira DeMent, U. S. Atty., David B. Byrne, Jr., Asst. U. S. Atty., Montgomery, Ala., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and DYER and SIMPSON, Circuit Judges.

PER CURIAM:

The sole issue before us on this appeal is whether the indictment upon which Pollard was convicted and sentenced below was sufficient to charge an offense under Title 18, U.S.Code, Section 912. Neither of the three counts alleged that the acts charged as violative of Section 912 were done "with intent to defraud", each count of the indictment simply tracking the statute.

Section 912 is framed in the alternative with separate offenses defined in...

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