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BERRY v. UNITED STATES

No. 4827.

15 F.2d 634 (1926)

BERRY et al. v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

November 16, 1926.

Attorney(s) appearing for the Case

Oliver D. Street, of Guntersville, Ala. (Oliver D. Street, Jr., of Guntersville, Ala., and A. Leo Oberdorfer and L. Silberman, both of Birmingham Ala., on the brief), for plaintiffs in error.

C. B. Kennamer, U. S. Atty., of Guntersville, Ala., and J. S. Franklin, Asst. U. S. Atty., of Birmingham, Ala.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

WALKER, Circut Judge.

The plaintiffs in error were convicted under section 215 of the Criminal Code (Comp. St. § 10385) for using the mails to defraud. Errors assigned are based on the overruling of a demurrer to the indictment, on rulings on evidence, and on the giving and refusal of instructions to the jury.

A ground of the demurrer to the indictment was to the effect that the allegation of each of the counts, which were alike except as to the named...

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