SUTTON v. UNITED STATES

No. 7733.

79 F.2d 863 (1935)

SUTTON v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing December 19, 1935.


Attorney(s) appearing for the Case

Richard H. Cantillon and G. Bentley Ryan, both of Los Angeles, Cal., for appellant.

Peirson M. Hall, U. S. Atty., and Ernest R. Utley, Asst. U. S. Atty., both of Los Angeles, Cal., for the United States.

Before WILBUR, MATHEWS, and HANEY, Circuit Judges.


MATHEWS, Circuit Judge.

Frank E. Sutton, hereinafter called appellant, was indicted for mailing a threatening letter with intent to extort money from the addressees (Act July 8, 1932, c. 464, § 1, 47 Stat. 649, 18 USCA § 338a). Having been convicted and sentenced, he prosecutes this appeal.

Appellant filed a motion to quash the indictment, on the ground that there was no competent evidence before the grand jury that appellant mailed the letter or...

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