Circuit Court of Appeals, Ninth Circuit.
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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