# United States v. Morton H. Franklin

> Court of Appeals for the Sixth Circuit · September 6, 1979 · 608 F.2d 241

URL: https://www.frixlaw.com/law-library/cases/9466213

## Case

- **Full name:** UNITED STATES of America, Plaintiff-Appellee, v. Morton H. FRANKLIN, Defendant-Appellant
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** September 6, 1979
- **Citations:** 608 F.2d 241; 1979 U.S. App. LEXIS 12050
- **Precedential status:** Published
- **Opinion:** Concurrence by Brown
- **Judges:** Keith, Phillips, Brown
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9466213

## Opinion text

BAILEY BROWN, Chief District Judge,
concurring.
I concur in the majority opinion. I would also point out that, as I construe the charge to the jury, the appellant, Franklin, could be found guilty of willfully aiding and abetting a misapplication of bank funds under 18 U.S.C. § 656 if he aided and abetted in the making of a kickback to the bank president. A misapplication under § 656 is a felony while the receipt of a kickback under 18 U.S.C. § 215 is only a misdemeanor. Thus it appears to me that, to this extent, the charge was erroneous and that therefore a new trial would be required in any event.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9466213. Public record. Not legal advice.