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CIULLO v. UNITED STATES

No. 17659.

325 F.2d 227 (1963)

Salvatore J. CIULLO, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided October 31, 1963.

Attorney(s) appearing for the Case

Mr. Jacob Goldberg, Washington, D. C., with whom Mr. Norman A. Flaningam, Washington, D. C. (both appointed by this court), was on the brief, for appellant.

Mr. Gerald A. Messerman, Asst. U. S. Atty. with whom Messrs. David C. Acheson, U. S. Atty., Frank Q. Nebeker and Harold H. Titus, Asst. U. S. Attys., were on the brief, for appellee.

Before BAZELON, Chief Judge, and BASTIAN and McGOWAN, Circuit Judges.

McGOWAN, Circuit Judge.

Appellant was indicted on a charge of violating the false pretense statute,1 convicted, and sentenced to imprisonment for one to three years. He contends that the trial court erred in refusing to charge the jury on the lesser included offense of passing a bad check.2

The crime of false pretense has five elements: false representation...

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