BENNETT v. UNITED STATES

No. 5769.

50 F.2d 1 (1931)

BENNETT v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

May 27, 1931.


Attorney(s) appearing for the Case

Bart A. Riley and Vincent C. Giblin, both of Miami, Fla. (W. E. Walsh, of Miami, Fla., on the brief), for appellant.

W. P. Hughes, U. S. Atty., of Jacksonville, Fla., and S. R. Rush and John S. Pratt, Sp. Assts. to Atty. Gen.

Before FOSTER, Circuit Judge, and HUTCHESON and SIBLEY, District Judges.


FOSTER, Circuit Judge.

Appellant, Frank A. Bennett, was convicted on nine counts of an indictment charging the unlawful mailing of certain letters in furtherance of a fraudulent scheme. Two other persons were named in the indictment, one of whom was acquitted and the other has not appealed. Error is assigned to the denial of a motion for a directed verdict at the close of the evidence.

It is not disputed that the letters were mailed as charged, but good faith...

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