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GILES v. UNITED STATES

No. 8052.

34 F.2d 110 (1929)

GILES v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

July 15, 1929.

Attorney(s) appearing for the Case

W. H. Giles was convicted of violating Criminal Code, § 215 (18 USCA § 338), and he brings error. Affirmed.

J. I. Howard, of Pawhuska, Okl. (William S. Hamilton and Edward C. Gross, both of Pawhuska, Okl., on the brief), for plaintiff in error.

Roy St. Lewis, U. S. Atty., and Fred A. Wagoner, Asst. U. S. Atty., both of Oklahoma City, Okl. (William P. Kelley, Asst. U. S. Atty., of Oklahoma City, Okl., on the brief), for defendant in error.

Before STONE, Circuit Judge, and FARIS and SYMES, District Judges.

SYMES, District Judge.

Giles was convicted in the Western district of Oklahoma of violating section 215, Criminal Code (18 USCA § 338).

The first assignment of error is that the judgment does not state facts sufficient to constitute a crime. The charging part of the indictment says:

That one W. H. Giles, of Greenwood, Mississippi, on the 10th of November of 1920, having theretofore devised a scheme to defraud one Herring and others by means of...

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