NORTON v. UNITED STATES

No. 8567.

92 F.2d 753 (1937)

NORTON v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

October 28, 1937.


Attorney(s) appearing for the Case

Morris Lavine, of Los Angeles, Cal., for appellant.

Ben Harrison, U. S. Atty., and Jack L. Powell and Carl Eardley, Asst. U. S. Attys., all of Los Angeles, Cal.

Before DENMAN, STEPHENS, and HEALY, Circuit Judges.


HEALY, Circuit Judge.

The appellant was convicted of the crime of using the mails to defraud. Criminal Code § 215 (18 U.S.C.A. § 338).

The appeal presents the question of the sufficiency of the indictment to state an offense under the statute. The sufficiency of the evidence is also challenged, but the latter point need not be determined.

For a proper understanding of the problem presented to this court it is essential to review the allegations...

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