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WHITSON v. UNITED STATES

No. 9694.

122 F.2d 1016 (1941)

WHITSON v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

October 16, 1941.

Attorney(s) appearing for the Case

Milton M. Cohen and Alfred F. MacDonald, both of Los Angeles, Cal., for appellant.

Wm. Fleet Palmer, U. S. Atty., and Russell K. Lambeau, Asst. U.S. Atty., both of Los Angeles, Cal., for appellee.

Before DENMAN, MATHEWS, and STEPHENS, Circuit Judges.

STEPHENS, Circuit Judge.

The appellant was convicted by a court sitting with a jury of violating the Federal mail fraud statute, Section 338, Title 18 United States Code Annotated. The indictment contained three counts (the first of which was thereafter dismissed) in each of which it is alleged that the defendant appellant having devised a scheme and artifice to defraud "the Catholic Welfare Society, Monsignor Thomas J. O'Dwyer, St. Boniface's Orphanage, Rev. Gerard...

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