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ALFORD v. UNITED STATES

No. 6028.

41 F.2d 157 (1930)

ALFORD v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied June 26, 1930.

Attorney(s) appearing for the Case

Leo R. Friedman, of San Francisco, Cal., for appellant.

Samuel W. McNabb, U. S. Atty., and P. V. Davis and Gwyn S. Redwine, Asst. U. S. Attys., all of Los Angeles, Cal.

Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.

WILBUR, Circuit Judge.

The appellant was convicted of using the mails to execute a scheme to defraud in violation of 18 USCA § 338, Criminal Code, § 215. Appellant claims that one of the essential elements of the scheme alleged in the indictment was not proved, and that therefore he was convicted of a different scheme than that alleged in the indictment, and that thus his conviction is in violation of the Fifth Amendment of the Constitution (article 5),...

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