UNITED STATES v. WHALON

No. 75-1264.

526 F.2d 1117 (1975)

UNITED STATES of America, Appellee, v. Duane Andre WHALON, Appellant.

United States Court of Appeals, Tenth Circuit.

Decided December 18, 1975.

Rehearing Denied January 21, 1976.


Attorney(s) appearing for the Case

Robert D. Bradley, Denver, Colo., for appellant.

Daniel T. Smith, Asst. U.S. Atty. (James L. Treece, U.S. Atty., with him on the brief), for appellee.

Before LEWIS, Chief Judge, and SETH and DOYLE, Circuit Judges.


SETH, Circuit Judge.

The appellant and two codefendants were indicted in a single indictment with three separate counts charging each with a violation of 18 U.S.C. § 472 for passing an altered Federal Reserve note to a named person, and with a fourth count of conspiracy to pass such altered notes. The conspiracy count was dismissed by the Government at the beginning of the trial. The trial proceeded on the separate counts against each defendant with proof admitted...

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