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BOGY v. UNITED STATES

Nos. 7616, 7649.

96 F.2d 734 (1938)

BOGY v. UNITED STATES. SPAULDING v. SAME.

Circuit Court of Appeals, Sixth Circuit.

May 9, 1938.

Attorney(s) appearing for the Case

Charles M. Bryan and Thomas L. Robinson, both of Memphis, Tenn. (Chas. M. Bryan and Blan R. Maxwell, both of Memphis, Tenn., on the brief for Bogy; Thomas L. Robinson and John E. Robinson, both of Memphis, Tenn., on the brief for Spaulding), for appellants.

R. G. Draper, of Memphis, Tenn. (William McClanahan, C. P. J. Mooney, and R. G. Draper, all of Memphis, Tenn., on the brief), for appellee.

Before HICKS and ALLEN, Circuit Judges, and DRUFFEL, District Judge.

ALLEN, Circuit Judge.

The appellants were found guilty under six counts of an indictment, the first five counts of which charged them jointly with one Joseph R. DeLatte with violating the mail fraud statute, title 18, section 338, U. S.C. 18 U.S.C.A. § 338. The sixth count charged them with conspiracy to violate the mail fraud statute and section 77q, title 15, U.S.C. 15 U.S.C.A. § 77q. The District Court sentenced the appellants under each count.

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