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McLENDON v. UNITED STATES

No. 4063.

2 F.2d 660 (1924)

McLENDON v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

November 5, 1924.

Attorney(s) appearing for the Case

D. B. Puryear, of Memphis, Tenn. (T. J. Walsh, of Memphis, Tenn., on the brief), for plaintiff in error.

W. H. Fisher, Asst. U. S. Atty., of Memphis, Tenn. (S. E. Murray, W. H. Fisher, and A. A. Hornsby, all of Memphis, Tenn., on the brief), for the United States.

Before DENISON, MACK, and DONAHUE, Circuit Judges.

DENISON, Circuit Judge.

McLendon was convicted of using the mails pursuant to a scheme to defraud. Penal Code, § 215 (Comp. St. § 10385). The indictment was in eight counts. The first one set out the general scheme and the mailing of one letter for the purpose of its execution. Each of the remaining counts stated the same general scheme and the mailing of another letter to another person in furtherance of it. One count was withdrawn from the jury; they found...

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