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STAPP v. UNITED STATES

No. 9740.

120 F.2d 898 (1941)

STAPP et al. v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

June 12, 1941.

Attorney(s) appearing for the Case

Burt Barr, J. Forrest McCutcheon, and Maury Hughes, all of Dallas, Tex., and David H. Cannon, of Los Angeles, Cal., for appellants.

Clyde O. Eastus, U. S. Atty., and William P. Fonville, Asst. U. S. Atty., both of Fort Worth, Tex., for appellee.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.

FOSTER, Circuit Judge.

Appellants were charged in an indictment in one count with violating section 215 Criminal Code, 18 U.S.C.A. § 338, by having devised a scheme to defraud one H. S. Christian, and mailing and causing to be mailed a letter for the purpose of executing the scheme. The indictment did not charge intent to defraud any other person or the public. Appellants pleaded not guilty. The jury was waived and the case was submitted to the judge on a stipulation...

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