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BARNES v. UNITED STATES

No. 7792.

25 F.2d 61 (1928)

BARNES v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

March 15, 1928.

Attorney(s) appearing for the Case

M. H. Boutelle and A. H. David, both of Minneapolis, Minn., for plaintiff in error.

Lafayette French, Jr., U. S. Atty., of St. Paul, Minn.

Before WALTER H. SANBORN and BOOTH, Circuit Judges, and MUNGER, District Judge.

MUNGER, District Judge.

The plaintiff in error pleaded guilty to the first count of an indictment, which alleged that he and others had devised a scheme to defraud and had mailed a letter in executing the scheme, contrary to the provisions of section 215, Penal Code (18 USCA § 338). Prior to this plea the plaintiff in error had demurred to the indictment claiming that it stated no offense. After sentence, the plaintiff in error obtained this writ of error, and...

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