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UNITED STATES v. GENS

Nos. 73-1220 to 73-1222.

493 F.2d 216 (1974)

UNITED STATES of America, Appellee, v. Richard H. GENS, Defendant, Appellant, UNITED STATES of America, Appellee, v. Anthony W. CARLETON, Defendant, Appellant. UNITED STATES of America, Appellee, v. Richard T. PORTER, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 13, 1974.

Attorney(s) appearing for the Case

Harold Hestnes, Boston, Mass., with whom James D. St. Clair, Robert F. McLaughlin, and Hale & Dorr, Boston, Mass., were on brief, for Richard H. Gens, defendant, appellant.

William P. Homans, Jr. and Edward J. Lonergan, Boston, Mass., with whom Julian T. Houston, Featherston, Homans, Klubock & Griffin, Paul G. Counihan, Robert E. McLaughlin, and The McLaughlin Brothers, Boston, Mass., were on brief, for Anthony W. Carleton and Richard T. Porter, defendants, appellants.

George V. Higgins, Sp. Asst. U. S. Atty., with whom James N. Gabriel, U. S. Atty., was on brief, for appellant.

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

McENTEE, Circuit Judge.

Appellants were convicted on eight counts of willfully misapplying funds of the Massachusetts Bank and Trust Company of Brockton, Massachusetts, a federally-insured bank, in violation of 18 U.S.C. § 656 (1970).1 Several issues are raised in this consolidated appeal, including adequacy of the indictment, sufficiency of the evidence and the correctness of the trial court's charge to the jury. We reverse.

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