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NEWINGHAM v. UNITED STATES

No. 3279.

4 F.2d 490 (1925)

NEWINGHAM et al. v. UNITED STATES.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied April 11, 1925.

Attorney(s) appearing for the Case

U. G. Vogan, John M. Henry, and W. A. Griffith, all of Pittsburgh, Pa., for plaintiffs in error.

Walter Lyon, U. S. Atty., and Warren H. Van Kirk, Asst. U. S. Atty., both of Pittsburgh, Pa.

Before WOOLLEY and DAVIS, Circuit Judges, and THOMPSON, District Judge.

WOOLLEY, Circuit Judge.

The plaintiffs in error, defendants below, were tried and convicted on an indictment containing 14 counts, of which 13 were for offenses violative of section 215 of the Criminal Code (Comp. St. § 10385). This section provides:

"Whoever, having devised * * * any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretences * * * shall, for the purpose of executing such scheme or artifice...

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