Ashbaugh v. United States

KNAPPEN, Circuit Judge.

Plaintiff in error was the trustee in bankruptcy of the Knox Tiro & Rubber Company, whose affairs and plaintiff in error’s connection therewith were in part litigated in the matter of the petition of Stillwell and Levering (No. 4545) and the matter of Paul M. Ashbaugh, trustee *592(No. 4548), 12 F.(2d) 205, decided by this court April 9, 1926.

The conviction was upon four counts of an indictment; the second, third, and fourth counts being under Bankruptcy Act, § 29 (Comp. St. § 9613), for fraudulently appropriating to defendant’s own use certain moneys of the bankruptcy…