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COLLINS v. UNITED STATES

No. 11037.

157 F.2d 409 (1946)

COLLINS et al. v. UNITED STATES

Circuit Court of Appeals, Ninth Circuit.

As Amended October 17, 1946.

Rehearing Denied November 4, 1946.

Attorney(s) appearing for the Case

David H. Cannon, of Los Angeles, Cal., for appellants Collins and Fischgrund.

Ben L. Blue, of Los Angeles, Cal., for appellants Fischgrund and Schirm.

James M. Carter, U. S. Atty., and Attilio Di Girolamo, Asst. U. S. Atty., both of Los Angeles, Cal. (Roger S. Foster, Sol., Securities & Exchange Commission, Robert S. Rubin, Asst. Sol., and W. Victor Rodin, Atty., SEC, all of Philadelphia, Pa., of counsel), for appellee.

Before GARRECHT, HEALY, and BONE, Circuit Judges.

HEALY, Circuit Judge.

Appellants, with two others, were indicted for violations of the fraud provisions of the Securities Act of 1933, 15 U.S.C.A. § 77q (a) (1), and the mail fraud statute, 18 U.S.C.A. § 338, and for conspiracy to violate these statutes. They were convicted on the conspiracy count only. Their codefendants were acquitted on all counts. The primary claim here is that the evidence was insufficient to prove the conspiracy.

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