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STEARN v. UNITED STATES

No. 2560.

18 F.2d 465 (1927)

STEARN et al. v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

April 12, 1927.

Attorney(s) appearing for the Case

W. M. Justis, Jr., of Richmond, Va., and T. F. Railsback, of Kansas City, Kan. (Samuel L. Adams, of South Boston, Va., and Charles B. De Shazo and Theodore B. Benson, both of Washington, D. C., on the brief), for plaintiffs in error.

Alvah H. Martin, of Norfolk, Va., and Callom B. Jones, of Richmond, Va., Asst. U. S. Attys. (Paul W. Kear, of Norfolk, Va., U. S. Atty., on the brief), for the United States.

Before WADDILL, ROSE and PARKER, Circuit Judges.

WADDILL, Circuit Judge.

The indictment in this case contains four counts, charging that the defendants unlawfully, in violation of section 215 of the Penal Code (Comp. St. § 10385), did use the mails of the United States in furtherance of a scheme to defraud; the specific offense charged being that the defendants, having devised or intending to devise a certain scheme or artifice to defraud or obtain money or property by means of false or fraudulent pretenses...

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