McCoy v. United States

STEPHENS, Circuit Judge.

This case was heretofore argued and submitted to a division of this court and thereafter was reargued and resubmitted to the court en banc. The court’s opinion and order affirming the judgment was filed and made June 28, 1948. On August 24, 1948, the opinion was withdrawn for correction and this opinion was filed. Judge Garrecht approved this opinion, but died before it was filed.

Irving McCoy was indicted in two counts with violations of 18 U.S.C.A. § 80 for the presentation of false claims and for aiding and abetting the presentations of false claims to an agency, of…