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NICHOLS v. UNITED STATES

No. 6019.

48 F.2d 46 (1931)

NICHOLS et al. v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

March 30, 1931.

Attorney(s) appearing for the Case

Jno. W. Gaines, Jr., of Tampa, Fla., for appellants.

W. P. Hughes, U. S. Atty., of Jacksonville, Fla. (W. P. Hughes, U. S. Atty., and Louis S. Joel, Asst. U. S. Atty., both of Jacksonville, Fla., on the brief), for the United States.

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

SIBLEY, District Judge.

Under an indictment in five counts for using the mails to defraud, Claude Nichols and J. W. Nichols were convicted on all counts, J. B. Nichols on three of them, and Nell Sellers Smith on one. Upon their appeal the assignments of error relate to the sufficiency of the indictment, the refusal of the court to direct a verdict of not guilty, the rulings on evidence, and the instructions to the jury.

The fraudulent plan is set forth fully...

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