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U.S. v. DAVIS

No. 78-5172.

592 F.2d 1325 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. William Coy DAVIS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 12, 1979.

Attorney(s) appearing for the Case

Theodore J. Sakowitz, Federal Public Defender, Robyn Hermann, Asst. Federal Public Defender, Miami, Fla., for defendant-appellant.

Jack V. Eskenazi, U. S. Atty., Kevin M. Moore, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before GEWIN, GEE and RUBIN, Circuit Judges.

GEWIN, Circuit Judge:

William Coy Davis challenges his conviction under an indictment for embezzlement of funds from a federally insured bank in violation of 18 U.S.C. § 656. Appellant raises three issues for review. He contends that there was a fatal variance between the offense charged in the indictment and the evidence adduced at trial, that the evidence was insufficient to support the verdict, and the evidence was insufficient to establish that he was legally...

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