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SILVERMAN v. UNITED STATES

No. 14818.

213 F.2d 405 (1954)

SILVERMAN v. UNITED STATES.

United States Court of Appeals, Fifth Circuit.

June 9, 1954.

Attorney(s) appearing for the Case

Pierre Howard, Howard, Howard, Slaton & Holt, Atlanta, Ga., for appellant.

James W. Dorsey, U. S. Atty., J. Ellis Mundy, Asst. U. S. Atty., Atlanta, Ga., for appellee.

Before HUTCHESON, Chief Judge, HOLMES, Circuit Judge, and WRIGHT, District Judge.

HOLMES, Circuit Judge.

Appellant was found guilty by a jury on an indictment charging him with using the mails to accomplish a scheme to defraud, in violation of Sections 1341 and 1342 of Title 18 of the United States Code, and from the judgment entered upon the verdict he appeals to this court.

Necessary elements of the offenses are as follows: (1) intention to defraud, and (2) execution of the intention by use of the mails. The scheme need not be fraudulent...

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