UNITED STATES v. YOUNG

No. 83-1625.

730 F.2d 221 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Arthur Nathaniel YOUNG, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 5, 1984.


Attorney(s) appearing for the Case

Stan McMurry, Dallas, Tex., (Court-Appointed), for defendant-appellant.

Harry Koch, Asst. U.S. Atty., Dallas, Tex., for plaintiff-appellee.

Before WISDOM, REAVLEY and HIGGINBOTHAM, Circuit Judges.


WISDOM, Circuit Judge:

The defendant asks this Court to reverse his conviction under the second count of his indictment because of a discrepancy between (1) the language of the indictment, and (2) the evidence presented at trial and the language of the trial court's instructions to the jury. We must determine whether this discrepancy constitutes a constructive amendment of the indictment, in which case reversal is required, or whether it constitutes a variance between...

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