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UNITED STATES v. JOHNSON

No. 77-1812.

570 F.2d 836 (1978)

UNITED STATES of America, Appellee, v. Robert F. JOHNSON, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 22, 1978.

Attorney(s) appearing for the Case

James M. Dunn, Warner & Smith, Fort Smith, Ark., for appellant.

Larry R. McCord, U. S. Atty., and James A. Gutensohn, Asst. U. S. Atty., Fort Smith, Ark., for appellee.

Before MATTHES, Senior Circuit Judge, LAY, Circuit Judge, and HANSON, District Judge.

MATTHES, Senior Circuit Judge.

Appellant Robert F. Johnson was the subject of an indictment in three counts. Count I alleged that he had possessed, with intent to embezzle the proceeds, a United States Treasury check in the amount of $154.50, issued to Martha J. Robbins, Hot Springs, Arkansas, knowing the same to have been stolen from the United States mails, in violation of 18 U.S.C. § 1708. Count III alleged that appellant uttered and published as true the...

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