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HEMPHILL v. UNITED STATES

No. 9056.

120 F.2d 115 (1941)

HEMPHILL v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied July 17, 1941.

Attorney(s) appearing for the Case

J. Charles Dennis, U. S. Atty., and F. A. Pellegrini and G. D. Hile, Asst. U. S. Attys., all of Seattle, Wash., for appellee.

Before GARRECHT, HANEY, and HEALY, Circuit Judges.

GARRECHT, Circuit Judge.

By an indictment filed in the court below October 1, 1937 the appellant and two others were charged with using the mails to defraud, 18 U.S.C.A. § 338, and with conspiracy to commit said crime, 18 U.S. C.A. § 88. The indictment was drawn in nine counts, the last of which was a conspiracy count; each of the other counts charged the deposit in the mails of certain specific matter. It was alleged, descriptive of the scheme, that the...

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