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U.S. v. KINGTON

No. 88-1408.

875 F.2d 1091 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. James L. KINGTON and Don Earney, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 14, 1989.

Attorney(s) appearing for the Case

Ben L. Krage, Kasmir & Krage, Dallas, Tex., for Kington.

Emmett Colvin, David W. Coody, Dallas, Tex., for Don Earney.

J. Michale Worley, Asst. U.S. Atty., Marvin Collins, U.S. Atty., Fort Worth, Tex., for plaintiff-appellee.

Before ALDISERT, REAVLEY, and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

James L. Kington and Don Earney appeal from convictions for misapplying bank funds, making false entries in bank records, causing a bank to fail to file a Currency Transaction Report, and, in Kington's case, filing a false tax return. Kington and Earney contend that the jury instructions on the misapplication counts incorrectly stated the specific intent element of the crime; that there was insufficient evidence to support conviction...

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