UNITED STATES v. DILLIARD

No. 46.

101 F.2d 829 (1938)

UNITED STATES v. DILLIARD et al.

Circuit Court of Appeals, Second Circuit.

November 21, 1938.


Attorney(s) appearing for the Case

John J. Burns, of New York City (Samuel Becker and Nathan David, of counsel) for Dilliard.

Edmund J. Donegan, of New York City, pro se.

Miller, Owen, Otis & Bailly (Nathan L. Miller, of New York City, Edward J. Bennett, and Nathan Probst, Jr., of counsel), for Koven.

Walter Brower, Special Assistant to the Attorney General, of New York City (Bernard Tompkins, of New York City, and C. Agnes McHugh, and Charles J. Wagner, Sp. Attys., Department of Justice, of counsel), for the United States.

Before L. HAND, SWAN, and AUGUSTUS, N. HAND, Circuit Judges.


L. HAND, Circuit Judge.

The defendants appeal from judgments of conviction under an indictment charging them among other counts with a conspiracy to use the mails to defraud: they complain (1) that the evidence was not sufficient to sustain the verdict; (2) that they were unfairly denied a bill of particulars in advance of the trial; (3) that the judge erred in various ways in his summing up to the jury, and in the admission...

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