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SIMMONS v. UNITED STATES

No. 8075.

89 F.2d 591 (1937)

SIMMONS v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

April 15, 1937.

Attorney(s) appearing for the Case

Walter C. Linden, Jr., Walter P. Luck and Marvin B. Simpson, all of Fort Worth, Tex., and J. Forrest McCutcheon, of Oklahoma City, Okl., for appellant.

Clyde O. Eastus, U. S. Atty., of Fort Worth, Tex., and Joe H. Jones and Clyde G. Hood, Asst. U. S. Attys., both of Dallas, Tex., for the United States.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.

FOSTER, Circuit Judge.

Appellant was convicted on five counts of two indictments consolidated for trial. Indictment 6512 had but one count and charged appellant Simmons, together with Miller, Greene, Halfin, and Regan, with conspiring to violate title 18, U.S.Code, § 338 (18 U.S.C.A. § 338), by operating a scheme to defraud by use of the mail. Indictment 6520 was in four counts. Count 4 charged a different but similar conspiracy between Simmons, Miller,...

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