UNITED STATES v. DUNCAN

Nos. 77-2606, 77-2607.

598 F.2d 839 (1979)

UNITED STATES of America, Appellee, v. Edwin DUNCAN, Jr., Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 10, 1979.


Attorney(s) appearing for the Case

Jack W. Floyd, Greensboro, N.C. (Richmond G. Bernhardt, Jr., Frank J. Sizemore, III, Keith C. Long, Smith, Moore, Smith, Schell & Hunter, Greensboro, N.C., on brief), for appellant.

Patricia W. Lemley, Allen Holt Gwyn, Jr. and V. Edward Jennings, Jr., Asst. U.S. Attys., Greensboro, N.C. (H. M. Michaux, Jr., U.S. Atty., Durham, N.C., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and WIDENER and PHILLIPS, Circuit Judges.


PHILLIPS, Circuit Judge:

Convicted by one jury of electronic eavesdropping in violation of 18 U.S.C. § 2511(1)(b)(iv)(A) and of conspiracy to commit that offense in violation of 18 U.S.C. § 371 and by another jury of six counts of misapplication of bank funds in contravention of 18 U.S.C. § 656, Edwin Duncan, Jr. appealed both convictions, assigning numerous errors. The two cases were consolidated for briefing, argument and decision. Finding no prejudicial...

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