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FRANK v. UNITED STATES

No. 4960.

220 F.2d 559 (1955)

Ben H. FRANK, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied April 29, 1955.

Attorney(s) appearing for the Case

John B. Ogden, Oklahoma City, Okl., for appellant.

Paul W. Cress, U. S. Atty., Oklahoma City, Okl., and William H. Timbers, General Counsel, Securities and Exchange Commission, Washington, D. C. (H. Dale Cook, Asst. U. S. Atty., Guthrie, Okl., Elizabeth B. A. Rogers, Washington, D. C., and Leo Fred Wyrick, Attys., Securities and Exchange Commission, Fort Worth, Tex., on the brief), for appellee.

Before MURRAH and PICKETT, Circuit Judges, and SAVAGE, District Judge.

SAVAGE, District Judge.

The Appellant, Ben H. Frank, appeals from a conviction on the first five counts of an eleven count indictment which charges using the mails in a scheme to defraud in the sale of securities in violation of Section 17(a) of the Securities Act of 1933, 15 U.S.C.A. § 77q(a). Counts 6 to 11 inclusive, which charged Frank with using the mail for the purpose of executing a scheme to defraud in violation of the mail fraud statute, 18 U.S.C. &...

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