ROSENBERG v. UNITED STATES

Nos. 2213, 2219.

120 F.2d 935 (1941)

ROSENBERG v. UNITED STATES. UPHOFF v. SAME.

Circuit Court of Appeals, Tenth Circuit.

May 29, 1941.


Attorney(s) appearing for the Case

Anthony J. Albert, of Santa Fe, N. M. (Romeo Cunningham, of Santa Fe, N. M., on the brief), for appellants.

Everett M. Grantham, U.S. Atty., of Santa Fe, N. M. (Gilberto Espinosa, Asst. U. S. Atty., and Donald B. Moses, Asst. U. S. Atty., both of Albuquerque, N. M., on the brief), for appellee.

Before PHILLIPS, BRATTON, and MURRAH, Circuit Judges.


BRATTON, Circuit Judge.

The defendants below, Joel E. Rosenberg and William C. Uphoff, were convicted of using the mails in furtherance of a scheme to defraud, in violation of section 215 of the Criminal Code, 18 U.S.C.A. § 338. The indictment charged that Uphoff sold to C. W. Harber a one-half interest in an oil and gas lease covering 120 acres of land in New Mexico for $60; that thereafter Rosenberg pretended to offer...

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