WHEATON v. UNITED STATES

No. 12371.

133 F.2d 522 (1943)

WHEATON v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

February 25, 1943.


Attorney(s) appearing for the Case

Harry P. Atwater, of Sturgis, S. D. (Atwater & Helm, of Sturgis, S. D., and C. A. Wilson, of Hot Springs, S. D., on the brief), for appellant.

George Philip, U. S. Atty., of Rapid City, S. D. (John T. Heffron, Asst. U. S. Atty., of Deadwood, S. D., and Leo P. Flynn, Asst. U. S. Atty., of Sioux Falls, S. D., on the brief), for appellee.

Before SANBORN, WOODROUGH, and THOMAS, Circuit Judges.


SANBORN, Circuit Judge.

The appellant, upon his plea of not guilty to an indictment charging him with having used the mails in furtherance of a scheme to defraud (18 U.S.C.A. § 338, 35 Stat. 1130), was tried and convicted. He made a motion to set aside the verdict and for a new trial on the ground of misconduct of the jury. The motion was denied, judgment was entered, and he has appealed from the judgment.

The indictment was in conventional form and contained...

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