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UNITED STATES v. REIBURN

No. 229.

127 F.2d 525 (1942)

UNITED STATES v. REIBURN et al.

Circuit Court of Appeals, Second Circuit.

April 6, 1942.

Attorney(s) appearing for the Case

Philip C. Samuels, of New York City (Max Lazarus, of New York City, of counsel), for Reiburn.

Caesar B. F. Barra, of New York City (Ralph J. Barra, of New York City, of counsel), for Toffler.

Jerome H. Doran and Mathias F. Correa, U. S. Atty., both of New York City, for appellee.

Before L. HAND, SWAN and CHASE, Circuit Judges.

PER CURIAM.

The questions raised by this appeal are: (1) the adequacy of the proof of mailing of the three "count letters"; (2) the means by which the prosecution obtained possession of the second "count letter"; (3) the admission of evidence against Reiburn of defrauding a person other than the victim named in the indictment; (4) the judge's failure to instruct the jury to make no inference against the accused because they did not testify.

The proof of mailing...

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