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UNITED STATES v. SELLERS

No. 74-1683.

547 F.2d 785 (1975)

UNITED STATES of America, Appellee, v. Willie Foster SELLERS, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 10, 1975.

Modified September 2, 1976.

Certiorari Denied January 25, 1977.

Attorney(s) appearing for the Case

Robert B. Thompson [Court-appointed], for appellant.

Jimmie C. Proctor, Asst. U. S. Atty., Asheville, N. C. (Keith S. Snyder, U. S. Atty., Asheville, N. C., on brief), for appellee.

Before CLARK, Supreme Court Justice, HAYNSWORTH, Chief Judge, and WINTER, Circuit Judge.

Certiorari Denied January 25, 1977. See 97 S.Ct. 815.

Mr. Justice CLARK:

Part III of our original opinion is hereby modified to read as follows: We turn then to appellant's last contention — that the case was improperly submitted to the jury under instructions which allowed them to convict him of both possession of stolen bank funds under 18 U.S.C. § 2113(c) and theft of bank funds under 18 U.S.C. § 2113(a), (b), and (d). While we agree that...

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