LEVEY v. UNITED STATES

No. 8316.

92 F.2d 688 (1937)

LEVEY et al. v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied December 7, 1937.


Attorney(s) appearing for the Case

H. Sylvester Garvin and Anthony Savage, both of Seattle, Wash., for appellant Levey.

Leslie H. Dills, of Seattle, Wash., for appellant Davis.

J. Charles Dennis, U. S. Atty., and Gerald Shucklin, Asst. U. S. Atty., both of Seattle, Wash.

Before GARRECHT, MATHEWS, and HANEY, Circuit Judges.


HANEY, Circuit Judge.

Appellants were convicted under an indictment charging use of the mails to defraud and a conspiracy, and have appealed.

The statute alleged to be violated is 18 U.S.C.A. § 338, which provides in part: "Whoever, having devised * * * any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange * * * for unlawful...

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