UNITED STATES v. HERZBERG

No. 76-3657.

558 F.2d 1219 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Arthur L. HERZBERG and Gerald M. Barnes, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

September 12, 1977.


Attorney(s) appearing for the Case

Joseph A. Calamia (Court-Appointed), Charles M. Mallin, El Paso, Tex., for defendants-appellants.

John E. Clark, U. S. Atty., LeRoy M. Jahn, Jeremiah Handy, Asst. U. S. Attys., San Antonio, Tex., Frank B. Walker, Asst. U. S. Atty., El Paso, Tex., for plaintiff-appellee.

Before THORNBERRY, AINSWORTH and RONEY, Circuit Judges.


THORNBERRY, Circuit Judge:

Gerald Barnes and Arthur Herzberg appeal their convictions for devising a scheme and artifice to defraud, using the mails, in violation of 18 U.S.C. § 1341. They bring two errors for review: first, that the trial court erred in permitting the government to cross-examine Barnes on the subject of a prior, unrelated civil fraud judgment taken against both Barnes and Herzberg; and, secondly, that...

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