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HATEM v. UNITED STATES

No. 3019.

42 F.2d 40 (1930)

HATEM v. UNITED STATES.

Circuit Court of Appeals, Fourth Circuit.

June 27, 1930.

Attorney(s) appearing for the Case

Charles L. Abernethy, Jr., and Charles L. Abernethy, both of New Bern, N. C. (A. D. Ward, George T. Willis, and Abernethy & Abernethy, all of New Bern, N. C., on the brief), for appellant.

Irvin B. Tucker, Sp. Asst. U. S. Atty., of Whiteville, N. C. (W. H. Fisher, U. S. Atty., of Clinton, N. C., on the brief), for the United States.

Before NORTHCOTT, Circuit Judge, and WATKINS and SOPER, District Judges.

NORTHCOTT, Circuit Judge.

Appellant was convicted in the District Court of the United States for the Eastern District of North Carolina, in June, 1929, of using the United States mails in furtherance of a scheme to defraud, in violation of section 215, of the Criminal Code (18 USCA § 338). There were five counts in the indictment. Counts 2 and 4 were dismissed, and a general verdict of guilty was returned on counts 1,...

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