THOMASON, District Judge.
The indictment in this case is in five counts, each of which purports to charge a violation of the mail fraud statute, to wit, Section 1341 of Title 18, United States Code: The first count is as follows:
"The Grand Jury Charges:
"1. That commencing on or about the 5th day of June, 1950, and continuing thereafter until on or about the 20th day of August, 1950, Silas Theophilus Kuiken devised and intended to devise a scheme...
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