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DOWNING v. UNITED STATES

No. 5891.

35 F.2d 454 (1929)

DOWNING et al. v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

October 30, 1929.

Attorney(s) appearing for the Case

A. E. Downing, W. C. Gunther, and E. R. Anderson were convicted of using the mails to defraud, and they appeal. Affirmed as to Downing and Anderson, and reversed with directions as to Gunther.

Elton Watkins, Johnston Wilson, and H. P. Arnest, all of Portland, Or., for appellant Downing.

Joseph O. Stearns, Jr., of Portland, Or., for appellant Anderson.

Collier, Collier & Bernard, of Portland, Or., for appellant Gunther.

George Neuner, U. S. Atty., and Francis E. Marsh, Asst. U. S. Atty., both of Portland, Or.

Before DIETRICH and WILBUR, Circuit Judges, and LOUDERBACK, District Judge.

DIETRICH, Circuit Judge.

In the first five counts of the indictment, the appellants, Downing, Anderson, and Gunther, and their codefendant, Collins, were charged with using the mails to defraud, under section 215 of the Penal Code (18 USCA § 338), and in the sixth, with a conspiracy to commit such offenses. Upon the first five counts all were convicted but upon the sixth they were acquitted. From the judgment entered upon the verdict all but Collins prosecute...

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