PHILBROOK v. UNITED STATES

No. 11744.

117 F.2d 632 (1941)

PHILBROOK et al. v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied March 11, 1941.


Attorney(s) appearing for the Case

William N. Jamieson, of Omaha, Neb., for appellants.

Joseph T. Votava, U. S. Atty., of Omaha, Neb. (Ambrose C. Epperson, of Omaha, Neb., Fred G. Hawxby, of Lincoln, Neb., and Emmet L. Murphy, of Omaha, Neb., Asst. U. S. Attys., on the brief), for appellee.

Before SANBORN, WOODROUGH, and JOHNSEN, Circuit Judges.


SANBORN, Circuit Judge.

The appellants were tried and convicted under an indictment in thirty-one counts, thirty of which charged them and some fifty other persons with violations of 18 U.S.C.A. § 338 (the Mail Fraud Statute). In the thirty-first count of the indictment they were charged with a conspiracy to violate § 338 (18 U.S.C.A. § 88).

The appellants challenge the procedure followed by the court below in impaneling1<...

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