BENSON v. UNITED STATES

No. 9338.

112 F.2d 422 (1940)

BENSON v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied July 8, 1940.


Attorney(s) appearing for the Case

Louis S. Joel, of Jacksonville, Fla., for appellant.

Herbert S. Phillips, U. S. Atty., of Tampa, Fla., and Wm. A. Paisley, Asst. U. S. Atty., of Jacksonville, Fla., for appellee.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.


McCORD, Circuit Judge.

Three indictments were returned against the appellant, Thomas W. Benson. The first indictment was in fifteen counts; the odd-numbered counts charged violation of the mail fraud statute, Section 215 Criminal Code, 18 U.S.C.A. § 338; the even numbered counts charged violation of the Securities Act of 1933, 15 U.S.C.A. § 77q (a) (1). The second indictment charged Benson and others with conspiracy to violate the mail fraud statute and...

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