HOLMES, Circuit Judge.
Appellant and two others were convicted on nine counts of a ten count indictment charging use of the mails to defraud, violation of the securities act, 15 U.S.C.A. § 77a et seq., and conspiracy, and prosecutes this separate appeal. In addition to the assignments discussed on the appeal of his codefendant, J. Earle Freeman, appellant assigns error upon the refusal of the trial court to grant a written request for an instruction on the degree...
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