UNITED STATES v. BUCKNER

No. 166.

108 F.2d 921 (1940)

UNITED STATES v. BUCKNER et al.

Circuit Court of Appeals, Second Circuit.

January 8, 1940.


Attorney(s) appearing for the Case

Irving Spieler, John S. Leonard, and Neilson Olcott, all of New York City (Moses Polakoff and Samuel Mezansky, both of New York City, of counsel), for defendants-appellants.

George C. Norton, John B. Wheeler, and Neilson Olcott, all of New York City, and Fred C. Fisher, of Akron, Ohio, for appellant Felipe Buencamino.

William Power Maloney, Asst. U. S. Atty., of New York City (John T. Cahill, U. S. Atty., of New York City, on the brief), for the United States.

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


CLARK, Circuit Judge.

William P. Buckner, Jr., and William J. Gillespie were convicted of using the mails to defraud. 18 U.S.C.A. § 338. They, together with Felipe Buencamino, were also convicted of conspiring to use the mails to defraud. 18 U.S.C.A. § 88. On their appeals from these judgments they have assigned the usual errors: they attack the sufficiency of the indictment and of the proof, the rulings on evidence, the charge, and the trial conduct of...

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