UNITED STATES v. BELT

No. 76-3110.

574 F.2d 1234 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Herbert N. BELT, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 13, 1978.


Attorney(s) appearing for the Case

Donald M. Briskman (court-appointed), Mobile, Ala., for defendant-appellant.

William A. Kimbrough, Jr., U. S. Atty., William R. Favre, Jr., E. T. Rolison, Jr., Ginny S. Granade, Asst. U. S. Attys., Mobile, Ala., for plaintiff-appellee.

Before GODBOLD, HILL and FAY, Circuit Judges.


GODBOLD, Circuit Judge:

Belt was jointly tried and convicted with codefendant Williams of ten counts of embezzling, stealing, or unlawfully and willfully converting to his own use, or the use of another, the funds of a labor organization in contravention of 29 U.S.C. § 501(c). We hold that the trial judge erred in failing to grant a judgment of acquittal at the close of the government's case.1

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