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UNITED STATES v. LESTER

No. 75-3746.

541 F.2d 499 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Grace Lorine LESTER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 29, 1976.

Attorney(s) appearing for the Case

Marc H. Richman, Dallas, Tex., for defendant-appellant.

Frank D. McCown, U. S. Atty., Ft. Worth, Tex., Judith A. Shepherd, Asst. U. S. Atty., Dallas, Tex., for plaintiff-appellee.

Before BROWN, Chief Judge, and JONES and GOLDBERG, Circuit Judges.

JOHN R. BROWN, Chief Judge:

Postal employee, Grace Lester, was convicted by jury for converting to her own use, in violation of 18 U.S.C.A. § 1711,1 a $50 U.S. Postal Service Money Order which had come into her hands and under her control by virtue of her employment.

It is uncontroverted that Lester took the money order but she claims that she paid for it by placing $50.35 in her drawer at the time she took the blank money...

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