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BERLINER v. UNITED STATES

No. 4084.

41 F.2d 221 (1930)

BERLINER v. UNITED STATES.

Circuit Court of Appeals, Third Circuit.

May 20, 1930.

Attorney(s) appearing for the Case

Stein & Stein, of Paterson, N. J. (Benjamin L. Stein, of Paterson, N. J., of counsel), for appellant.

Phillip Forman, of Trenton, N. J., for the United States.

Before BUFFINGTON and WOOLLEY, Circuit Judges, and W. H. SEWARD THOMSON, District Judge.

WOOLLEY, Circuit Judge.

The appellant, Berliner, was indicted, tried and convicted for using the mails to defraud, in violation of section 215 of the Criminal Code (18 USCA § 338). The indictment charged that, being engaged in the manufacture of silks, he devised a scheme to secure credit from the Kansai Silk Importing Company by means of a false statement of his financial condition and through the credit to defraud it of its goods and wares, and that in executing...

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