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OWENS v. UNITED STATES

No. 15039.

221 F.2d 351 (1955)

Hardy Joseph OWENS and John Link Cogdill, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 17, 1955.

Attorney(s) appearing for the Case

Zach H. Douglas, Damon G. Yerkes, Edgar W. Waybright, Sr., Jacksonville, Fla., W. L. Robinson, Miami, Fla., for appellants.

Edith House, Asst. U. S. Atty., Jacksonville, Fla., James L. Guilmartin, U. S. Atty., Miami, Fla., for appellee.

Before HUTCHESON, Chief Judge, TUTTLE, Circuit Judge, and DAWKINS, District Judge.

TUTTLE, Circuit Judge.

Appellants were convicted below of using the mails in furtherance of a scheme to defraud,1 using an instrumentality of communication in interstate commerce to sell or attempt to sell fraudulent securities,2 and conspiracy.3 The indictment was very lengthy, containing eight counts, the first five of which charged violations of the mail fraud statute, counts...

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