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PANDOLFO v. UNITED STATES

No. 2345.

128 F.2d 917 (1942)

PANDOLFO v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied June 16, 1942.

Dissenting Opinion June 24, 1942.

Attorney(s) appearing for the Case

Caswell S. Neal, of Carlsbad, N. M. (Reed Holloman, of Santa Fe, N. M., on the brief), for appellant.

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

Before PHILLIPS, BRATTON, and MURRAH, Circuit Judges.

MURRAH, Circuit Judge.

The defendant, appellant here, was tried on an indictment containing twelve counts, the first eight of which charged a scheme to defraud by use of the mails in violation of 18 U.S.C.A. § 338, and four counts charging violations of the Securities Act, 15 U.S.C.A. 77q (a) (1). He was convicted on each of the eight counts charging a scheme to defraud; the four counts charging a violation of the Securities Act failed, either by verdict of not...

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