BENNETT v. UNITED STATES

No. 8340.

89 F.2d 52 (1937)

BENNETT v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

April 1, 1937.


Attorney(s) appearing for the Case

Herbert S. Phillips, U. S. Atty., of Tampa, Fla., and Lloyd C. Hooks, Asst. U. S. Atty., of Miami, Fla., for the United States.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.


PER CURIAM.

There is no bill of exceptions to show what occurred on the trial. No error appears on the face of the record. The indictment, which is in seven counts, though what precedes the second count is not specifically designated as "first count," is based on the statute punishing the use of the mails to effect a scheme to defraud. 18 U.S.C.A. § 338. The verdict found guilt on the second, third, fourth, fifth, and sixth counts. There is an implied acquittal...

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