MUNCH v. UNITED STATES

No. 5803.

38 F.2d 1017 (1930)

George A. MUNCH, Appellant, v. UNITED STATES of America, Appellee.

Circuit Court of Appeals, Fifth Circuit.

March 22, 1930.


Attorney(s) appearing for the Case

Edwin L. Bryan, of Tampa, Fla., for appellant.

John S. Pratt, Sp. Asst. to Atty. Gen., and W. P. Hughes, U. S. Atty., of Jacksonville, Fla.

Before BRYAN and FOSTER, Circuit Judges, and DAWKINS, District Judge.


BRYAN, Circuit Judge.

This is the second appeal from a judgment of conviction upon an indictment which charged the use of the mails in executing a scheme to defraud, in violation of section 215 of the Criminal Code, 18 USCA § 338. The indictment contained two counts. On the former appeal we held that a demurrer to the first count was correctly overruled, but should have been sustained as to the second count, and that certain evidence was rendered inadmissible...

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