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UNITED STATES v. BAKER

No. 80-1047.

633 F.2d 696 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Orlie J. BAKER and W. H. Butler, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit. Unit A

Rehearing Denied January 23, 1981.

Attorney(s) appearing for the Case

Randy Martin, Houston, Tex., for Baker.

Jack Neal, Graham, Tex., for Butler.

James R. Gough, Asst. U. S. Atty., Houston, Tex., for plaintiff-appellee.

Before AINSWORTH, Circuit Judge, KUNZIG, Judge, and RANDALL, Circuit Judge.

AINSWORTH, Circuit Judge:

Orlie J. Baker and W. H. Butler were found guilty, after a jury trial, of both counts of an indictment charging conspiracy to misapply funds of a bank insured by the Federal Deposit Insurance Corporation, in violation of 18 U.S.C. § 371, and with misapplication of the bank's funds, in violation of 18 U.S.C. §§ 2 and 656. They appeal their conviction, asserting errors in their trial in that the Government failed to meet its...

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