HOLMES, Circuit Judge.
The jury found the appellant guilty as charged on counts four, five, and seven, of an indictment for using the mails to defraud, but disagreed as to his guilt on all other counts, namely, one, two, three, and six. The court below set aside the verdict as to the seventh count, because the prosecution was barred by the three-year statute of limitation, and pronounced sentence only upon counts four and five, providing that the term on each count...
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