MUNCH v. UNITED STATES

No. 5173.

24 F.2d 518 (1928)

MUNCH v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

February 16, 1928.


Attorney(s) appearing for the Case

Herbert S. Phillips, of Tampa, Fla., for plaintiff in error.

Wm. M. Gober, U. S. Atty., of Tampa, Fla., Francis L. Poor, Asst. U. S. Atty., of Jacksonville, Fla. (Horace L. Dyer, Sp. Asst. Atty. Gen., on the brief), for the United States.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


BRYAN, Circuit Judge.

George A. Munch was convicted on two counts of an indictment which charged the use of the mails for the purpose of executing a scheme to defraud, in violation of section 215 of the Criminal Code (18 USCA § 338). The first count alleged that Munch was a member and secretary of the board of eclectic medical examiners of the state of Florida, at the time that board was abolished in the year 1921 by act of the Legislature; that he and a number...

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