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WOLPA v. UNITED STATES

Nos. 10526, 10527.

86 F.2d 35 (1936)

WOLPA v. UNITED STATES (two cases).

Circuit Court of Appeals, Eighth Circuit.

November 5, 1936.

Attorney(s) appearing for the Case

William N. Jamieson, of Omaha, Neb. (Joel O'D. Cornish, of Omaha, Neb., on the brief), for appellants.

Ambrose C. Epperson, Asst. U. S. Atty., of Omaha, Neb. (Joseph T. Votava, U. S. Atty., and Fred G. Hawxby, Asst. U. S. Atty., both of Omaha, Neb., and Barlow Nye, Asst. U. S. Atty., of Lincoln, Neb., on the brief), for the United States.

Before GARDNER, SANBORN, and FARIS, Circuit Judges.

SANBORN, Circuit Judge.

The appellants, Alex Wolpa and Julius J. Wolpa, were indicted, tried, convicted, and sentenced under section 215 of the Criminal Code (18 U.S.C. § 338 [18 U.S. C.A. § 338]) for using the mails to defraud. The convictions were under counts I, II, III, IV, VI, IX, XI, and XIV of the indictment, which charged that the appellants, with other defendants not parties to these appeals, "did devise and intend

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