PERRY v. UNITED STATES

No. 2662.

136 F.2d 109 (1943)

PERRY v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

May 27, 1943.


Attorney(s) appearing for the Case

Charles B. Barker and Romeo Cunning-ham, both of Santa Fe, N. M., for appellant.

Howard F. Houk, U. S. Atty., of Santa Fe, N. M., for appellee.

Before PHILLIPS, BRATTON, and MURRAH, Circuit Judges.


MURRAH, Circuit Judge.

The appellant, Franklin Perry, was tried and convicted on counts 4 and 5 of an indictment containing 5 counts, each charging a separate use of the United States mails to defraud in violation of Section 215 of the Criminal Code, 35 Stat. 1130, 18 U.S.C.A. § 338. Counts 1, 2 and 3 were dismissed and appellant was sentenced to imprisonment for eight months on each of counts 4 and 5 to run concurrently. On appeal, the appellant complains (1...

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