McLENDON v. UNITED STATES

No. 4729.

14 F.2d 12 (1926)

McLENDON v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

July 19, 1926.


Attorney(s) appearing for the Case

J. M. Grimmett, of Shreveport, La., and David B. Puryear, of Memphis, Tenn., for plaintiff in error.

Philip H. Mecom, U. S. Atty., and J. Fair Hardin, Asst. U. S. Atty., both of Shreveport, La.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


WALKER, Circuit Judge.

The plaintiff in error, T. E. McLendon, was convicted of an offense denounced by section 215 of the Criminal Code (Comp. St. § 10385), which deals with the use of the mails to promote frauds. The indictment, which contains only one count, was filed February 27, 1925. By a pleading filed October 20, 1925, and called a motion to quash, the indictment was challenged on the following grounds: (1) That the order directing the drawing of the...

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