HYNEY v. UNITED STATES

No. 5404.

44 F.2d 134 (1930)

HYNEY v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

Rehearing Denied November 14, 1930.


Attorney(s) appearing for the Case

Elvin Swarthout, of Grand Rapids, Mich. and J. Harold Mosely, of Chicago, Ill. (Denison, Watkins & White, of Chicago, Ill., on the brief), for appellant.

Edward J. Bowman, of Grand Rapids, Mich. (Louis H. Grettenberger, of Grand Rapids, Mich., on the brief), for the United States.

Before DENISON and HICKS, Circuit Judges, and HAHN, District Judge.


HICKS, Circuit Judge.

Hyney, president, Emerson, vice president, and Wilson, treasurer, of Hyney, Emerson & Co., a corporation, were indicted for a violation of section 215 of the Criminal Code (18 USCA § 338). A nolle prosequi was entered as to Emerson and Wilson. Hyney was acquitted upon the first count and convicted upon the remaining eleven. The indictment averred that the defendants had devised a scheme to obtain money by means of false and fraudulent...

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