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KERCHEVAL v. UNITED STATES

No. 5700.

36 F.2d 766 (1930)

KERCHEVAL v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied February 6, 1930.

Attorney(s) appearing for the Case

Herbert C. Wade, of Fort Worth, Tex. (S. J. Callaway, of Fort Worth, Tex., on the brief), for appellant.

Fred Horowitz, Sp. Asst. Atty. Gen., and Norman A. Dodge, U. S. Atty., of Fort Worth, Tex. (Alex M. Mood, Asst. U. S. Atty., of Fort Worth, Tex., on the brief), for the United States.

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

FOSTER, Circuit Judge.

Appellant was convicted on an indictment charging him and one Slentz with using the mails in furtherance of a scheme to defraud. Error is assigned to the overruling of a motion for a directed verdict, on the ground of a fatal variance between the allegations of the indictment and the proof.

The indictment substantially alleges a scheme by which appellant and his codefendant were to sell shares and interests in certain designated oil...

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