MACK, Circuit Judge.
On November 9, 1923, an indictment in 12 counts, under section 215 of the Criminal Code (Comp. St. § 10385), charging the use of the mails in a scheme to defraud, was returned against the defendants. Each count was predicated upon the sending of a specific letter. Motions to quash and demurrers were successively filed and overruled. The trial began January 14, 1924, and ended March 1, 1924; during its progress the twelfth count was nolled...
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