Court of Appeals for the First Circuit January 20, 1972, 71-1122, 71-1182 (United States v. John J. Daley)

McENTEE, Circuit Judge.

Defendant was convicted by a jury on two counts of embezzling funds from an employee pension benefit plan in violation of 18 U.S.C. § 664 (1970). The indictment, which charged him with embezzlement of $2,540 (Count I) and $850 (Count II), was the third indictment against the defendant for the same offenses, but the only one to come to trial.