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UNITED STATES v. DURHAM

No. 74-1994.

512 F.2d 1281 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. James Walter DURHAM, a/k/a "Whitey" Durham, James H. Durham, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 11, 1975.

Attorney(s) appearing for the Case

James L. Harrison, Jacksonville, Fla., for defendant-appellant.

John L. Briggs, U. S. Atty., John J. Daley, Jr., Asst. U. S. Atty., Jacksonville, Fla., for plaintiff-appellee.

Before TUTTLE, COLEMAN and SIMPSON, Circuit Judges.

COLEMAN, Circuit Judge.

The appellant, James Walter Durham, was tried to a jury and convicted on both counts of an indictment charging him with aiding and abetting the interstate transportation of a fraudulently obtained bank draft.1

On appeal, he asserts three separate grounds for granting a new trial, that is, the District Court erred:

1. By giving an instruction on intent which, in certain instances, has been specifically...

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