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LAMB v. UNITED STATES

No. 9617.

115 F.2d 157 (1940)

LAMB v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied November 29, 1940.

Attorney(s) appearing for the Case

E. T. McIlvaine and Dillon Hartridge, both of Jacksonville, Fla., for appellant.

T. Hoyt Davis, U. S. Atty., and H. G. Rawls, Asst. U. S. Atty., both of Macon, Ga., for the appellee.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.

McCORD, Circuit Judge.

W. B. Lamb was indicted for using the mails to defraud. The proper way to test the legal sufficiency of such an indictment is by demurrer, but this was not done. We find, however, that the indictment, which is in three counts, is sufficient in form and substance, and that it charges three separate violations of the mail fraud statute, Section 215 of the Criminal Code, 18 U.S.C.A. § 338. United States v. Behrman, 258 U.S....

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