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UNITED STATES v. SCHEPER

No. 75-1278.

520 F.2d 1355 (1975)

UNITED STATES of America, Appellee, v. Frederick William SCHEPER, III, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 14, 1975.

Attorney(s) appearing for the Case

Morris D. Rosen, Charleston, S. C. (Falcon B. Hawkins, Hollings, Hawkins & Morris, Charleston, S. C., on brief), for appellant.

Thomas B. Simpson, Asst. U. S. Atty. (Mark W. Buyck, Jr., U. S. Atty., D. S. C., and Lionel S. Lofton, Asst. U. S. Atty., on brief), for appellee.

Before CRAVEN, BUTZNER and FIELD, Circuit Judges.

BUTZNER, Circuit Judge:

Frederick William Scheper, III, appeals his conviction for embezzlement under 18 U.S.C. § 656. Three of his assignments of error—denial of his motion for a judgment of acquittal, improper instructions to the jury, and the court's interruption of his counsel's argument to the jury about stealing—are related. They rest on the proposition that the intent to injure or defraud is an...

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