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MARSHALL v. UNITED STATES

No. 10298.

146 F.2d 618 (1944)

MARSHALL v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

December 30, 1944.

Attorney(s) appearing for the Case

John J. Irwin, of Los Angeles, Cal., for appellant.

Charles H. Carr, U. S. Atty., and James M. Carter and Charles H. Veale, Asst. U. S. Attys., all of Los Angeles, Cal., for appellee.

Before WILBUR, DENMAN, and STEPHENS, Circuit Judges.

STEPHENS, Circuit Judge.

Marshall was indicted, tried, convicted, and sentenced under nine counts of an indictment charging fraudulent use of the United States mails (18 U.S.C.A. § 338) and conspiracy to use the United States mails in furtherance of fraudulent practices (18 U.S.C.A. § 88). He appeals.

The indictment contains eleven counts, of which counts 6 and 7 were dismissed during the course of the trial. It charges appellant and four others...

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