GARDNER, Circuit Judge.
Appellant, who will be referred to herein as defendant, was indicted for the violation of section 338, USCA, title 18, section 215 Criminal Code, in an indictment containing fifteen counts. During the trial, counts 8, 9, and 12 were dismissed by the government, and the defendant was found guilty on the remaining counts.
The scheme to defraud as charged in the indictment consisted in representing that defendant was about to recover from...
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