DAVIS, Circuit Judge.
On May 11, 1917, the defendant, Harry R. Mercer, was indicted with five others for having used the mails to execute a scheme and artifice to defraud, which they are charged with having devised, and for having conspired to commit an offense against the United States, in violation of sections 37 and 215 of the federal Criminal Code (Comp. St. §§ 10201, 10385). The indictment contains nine counts. The first eight relate to the misuse of...
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