RUDE v. UNITED STATES

Nos. 1084, 1085.

74 F.2d 673 (1935)

RUDE v. UNITED STATES. HELLER v. SAME.

Circuit Court of Appeals, Tenth Circuit.

January 9, 1935.


Attorney(s) appearing for the Case

Philip Hornbein, of Denver, Colo. (Chas. Ginsberg and Chas. Rosenbaum, both of Denver, Colo., on the brief), for appellant Rude.

Cass M. Herrington, of Denver, Colo., for appellant Heller.

Thos. J. Morrissey, U. S. Atty., of Denver, Colo.

Before PHILLIPS and BRATTON, Circuit Judges, and POLLOCK, District Judge.


PHILLIPS, Circuit Judge.

Rude and Heller were tried, convicted, and sentenced for violations of section 215 of the Criminal Code, 18 USCA, § 338.1

The indictment contained four counts. The first count set out the general scheme,2 and the mailing of a postal card in furtherance of such scheme. Each of the other counts alleged by reference to count one the...

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