Upon trial by a court and jury a verdict of guilty was rendered on count 17 of an indictment containing twenty-five separate counts and defendant was sentenced to serve five years in the penitentiary and to pay a fine of $1,000. All of the counts charged him with using the mails in furtherance of a scheme to defraud in violation of the statute, Cr.Code § 215, 18 U.S.C. A. § 338. At the close of the trial the court dismissed seven counts of the indictment and the...
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