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U.S. v. SLAY

Nos. 87-2566 to 87-2568 and 88-1040.

858 F.2d 1310 (1988)

UNITED STATES of America, Appellee, v. Eugene SLAY, Appellant. UNITED STATES of America, Appellee, v. Leroy TYUS, Appellant. UNITED STATES of America, Appellee, v. James CULLEN, Appellant. UNITED STATES of America, Appellant, v. Eugene SLAY, Leroy Tyus, and James Cullen, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided October 6, 1988.

Attorney(s) appearing for the Case

Jim J. Shoemake, St. Louis., Mo., Thomas M. Utterback, Washington, Mo., and Barry Short, St. Louis, Mo., for appellant.

James E. Crowe, Jr., Asst. U.S. Atty., St. Louis, Mo., for appellee.

Before ARNOLD, Circuit Judge, ROSS, Senior Circuit Judge, and WOLLE, District Judge.

ARNOLD, Circuit Judge.

Eugene Slay, Leroy Tyus, and James Cullen were convicted in June 1987 of violating the federal mail and wire fraud statutes, 18 U.S.C. §§ 1341 and 1343, in connection with their roles in seeking the award of a cable television franchise from the City of St. Louis. The jury had been instructed that a scheme to deprive the citizens of St. Louis of their intangible right to good government could constitute "a scheme or artifice to defraud...

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