Walter B. Stewart v. United States

Fifth Circuit

Walter B. Stewart v. United States

338 F.2d 695, 1964 U.S. App. LEXIS 3829

CourtCourt of Appeals for the Fifth Circuit

DecidedNovember 20, 1964

Docket20961

StatusPublished

This text of 338 F.2d 695 (Walter B. Stewart v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Walter B. Stewart v. United States, 338 F.2d 695, 1964 U.S. App. LEXIS 3829 (5th Cir. 1964).

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Opinion

PER CURIAM.

The appellant, who was vice president of the Hancock Bank at Gulfport, Mississippi, was found guilty by a jury on counts four and five of a five count indictment. He was charged in each of counts four and five with willfully misapplying certain funds intrusted to him as an officer of the bank, in violation of § 656, Title 18 of the United States Code. He has appealed from his convictions on these counts and the sentences imposed, on the ground that the evidence was insufficient to support a verdict of guilty on either of the counts and because the court made certain errors in its charge to the jury. An examination of the transcript of the trial proceedings shows, however, that there was ample evidence on the basis of which the jury was warranted in finding that the accused was, beyond a reasonable doubt, guilty on both of the counts in question. The errors asserted with respect to the court’s instructions to the jury are without merit.

Affirmed.

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PER CURIAM.

The appellant, who was vice president of the Hancock Bank at Gulfport, Mississippi, was found guilty by a jury on counts four and five of a five count indictment. He was charged in each of counts four and five with willfully misapplying certain funds intrusted to him as an officer of the bank, in violation of § 656, Title 18 of the United States Code. He has appealed from his convictions on these counts and the sentences imposed, on the ground that the evidence was insufficient to support a verdict of guilty on either of the counts and because the court made certain errors in its charge to the jury. An examination of the transcript of the trial proceedings shows, however, that there was ample evidence on the basis of which the jury was warranted in finding that the accused was, beyond a reasonable doubt, guilty on both of the counts in question. The errors asserted with respect to the court’s instructions to the jury are without merit.

Affirmed.

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Bluebook (online)

338 F.2d 695, 1964 U.S. App. LEXIS 3829, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walter-b-stewart-v-united-states-ca5-1964.