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MATHEWS v. UNITED STATES

No. 6724.

15 F.2d 139 (1926)

MATHEWS v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

October 4, 1926.

Attorney(s) appearing for the Case

Edward P. Smith, of Omaha, Neb. (William A. Schall, Francis S. Howell, and Frank E. Sheehan, all of Omaha, Neb., on the brief), for plaintiff in error.

James C. Kinsler, U. S. Atty., of Omaha, Neb. (Sylvester R. Rush, Sp. Asst. Atty. Gen., on the brief), for the United States.

Before VAN VALKENBURGH and BOOTH, Circuit Judges, and PHILLIPS, District Judge.

BOOTH, Circuit Judge.

Plaintiff in error and others were tried and convicted under an indictment charging violation of sections 215 and 37 of the Criminal Code (Comp. St. §§ 10201, 10385). The indictment contained 11 counts. Each of the first 10 charged a scheme to defraud and a separate use of the United States mail for the purpose of executing the scheme. The eleventh count charged a conspiracy to commit the substantive offenses charged in the first 10...

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