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UNITED STATES v. BROWN

No. 463.

79 F.2d 321 (1935)

UNITED STATES v. BROWN et al.

Circuit Court of Appeals, Second Circuit.

July 29, 1935.

Attorney(s) appearing for the Case

Phillips, Mahoney, Leibell & Fielding, of New York City (Walter Bishop, Jeremiah T. Mahoney, and P. E. Conforti, all of New York City, and Sidney Masone, of Brooklyn, N. Y., of counsel), for appellants.

F. W. H. Adams, U. S. Atty., of New York City (Jacob J. Rosenblum, Asst. U. S. Atty., Craigh Leonard and Richard Delafield, all of New York City, of counsel), for the United States.

Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

L. HAND, Circuit Judge.

Brown and McCarthy were indicted on October 3, 1930, with four others who were not tried. The crime charged was the use of the mails in a scheme to defraud, section 338, title 18, U. S. Code (18 USCA § 338); and the indictment was in nine counts, each charging the posting of a separate letter, to which was added the usual count in conspiracy. The cause came on for trial in November, 1933, after a demurrer had been overruled, and was concluded...

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