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HAVENER v. UNITED STATES

No. 239.

49 F.2d 196 (1931)

HAVENER v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

April 6, 1931.

Attorney(s) appearing for the Case

James M. Johnson and Donald W. Johnson, both of Kansas City, Mo., for appellant.

S. M. Brewster, U. S. Atty., and L. E. Wyman and Donald C. Little, Asst. U. S. Attys., all of Topeka, Kan.

Before COTTERAL and PHILLIPS, Circuit Judges, and KENNEDY, District Judge.

PHILLIPS, Circuit Judge.

Charles E. Havener was indicted, tried, convicted and sentenced for a violation of section 215 of the Criminal Code (section 338, title 18, USCA).

The indictment charged that defendant devised a scheme to defraud R. G. Biles and to obtain certain money from Biles by means of false and fraudulent representations and promises, as follows:

"That he * * * would and did represent * * * that he had in his possession for sale certain...

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