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SUETTER v. UNITED STATES

No. 10300.

140 F.2d 103 (1944)

SUETTER v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

January 18, 1944.

Attorney(s) appearing for the Case

William J. Prendergast, Jr., and David Weinstein, both of Portland, Or., for appellant.

Carl C. Donaugh, U. S. Atty., and J. Mason Dillard, Asst. U. S. Atty., both of Portland, Or., Robert S. Rubin, Sp. Counsel, of Philadelphia, Pa., Charles E. Wright, of Portland, Or., and Theodore L. Thau, of Philadelphia, Pa., for appellee.

Before GARRECHT, STEPHENS, and HEALY, Circuit Judges.

STEPHENS, Circuit Judge.

An indictment containing seven counts was filed against appellant. The first two counts charged him with using the mails in connection with a scheme to defraud, contrary to the terms of § 338 of Title 18 U.S.C.A.1 The other five counts charged him with using the mails in furtherance of a scheme to defraud in the sale of securities, contrary to the Securities Act of 1933, 15 U.S.C.A. § 77q(a) (1).

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