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BAKER v. UNITED STATES

No. 10984.

156 F.2d 386 (1946)

BAKER et al. v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied August 12, 1946.

Writ of Certiorari Denied October 28, 1946.

Attorney(s) appearing for the Case

Hugh M. Wilkinson, John D. Lambert, Jacob J. Amato, G. W. Gill, Warren O. Coleman, Samuel J. Tennant, Jr., Thomas E. Furlow, and Clem H. Sehrt, all of New Orleans La., for appellants.

Rubein Johnson and A. M. Safir, in pro per.

Herbert W. Christenberry, U. S. Atty., and Robert W. Weinstein and Nicole E. Simoneaux, Asst. U. S. Attys., all of New Orleans, La., for appellee.

Before HUTCHESON, WALLER, and LEE, Circuit Judges.

Writ of Certiorari Denied October 28, 1946. See 67 S.Ct. 123.

HUTCHESON, Circuit Judge.

This is another in that long line of cases in which, claiming prejudicial variance, defendants seek reversal on the ground that the indictment charged one general conspiracy, while the proof at best for the government showed several separate conspiracies.1

Charging a scheme to defraud and the use of the mails in connection with the sale...

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