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FASULO v. UNITED STATES

No. 4517.

7 F.2d 961 (1925)

FASULO v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied October 19, 1925.

Attorney(s) appearing for the Case

O'Gara & De Martini, of San Francisco, Cal., for plaintiff in error.

Sterling Carr, U. S. Atty., and T. J. Sheridan, Asst. U. S. Atty., both of San Francisco, Cal.

Before HUNT, RUDKIN, and McCAMANT, Circuit Judges.

HUNT, Circuit Judge.

Fasulo and Lupipparu were convicted of a conspiracy to devise a scheme or artifice to defraud and for obtaining money and property by means of false and fraudulent pretenses, representations, and promises, and using the mails for the purpose of executing the scheme. Sections 37 and 215, P. C. (Comp. St. §§ 10201, 10385).

The charge is described in Lupipparu v. United States (C. C. A.) 5 Fed. (2d) 504, wherein the indictment was...

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