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SMITH v. UNITED STATES

No. 6468.

61 F.2d 681 (1932)

SMITH et al. v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied December 16, 1932.

Attorney(s) appearing for the Case

Reuben R. Arnold, Jas. A. Branch, and Mark Bolding, all of Atlanta, Ga., and Young M. Smith, of Asheville, N. C., for appellants.

Hal Lindsay, Asst. U. S. Atty., of Atlanta, Ga.

Before BRYAN, FOSTER, and WALKER, Circuit Judges.

WALKER, Circuit Judge.

The two appellants W. Clyde Smith and Ed. O. Ellis were convicted under an indictment which charged that they, John J. Durfield, one Godfrey, another named person, and divers other persons to the grand jury unknown, after devising a described scheme and artifice to defraud Roy E. Martin, and a class of persons including said Roy E. Martin, "did, for the purpose of executing said scheme and artifice, and for the purpose of attempting so to do...

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