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ERWIN v. UNITED STATES

No. 12903.

242 F.2d 336 (1957)

Elizabeth M. ERWIN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Sixth Circuit.

February 13, 1957.

Attorney(s) appearing for the Case

Z. T. Osborn, Jr., Nashville, Tenn., Barksdale, Hudgins & Osborn, Nashville, Tenn., on the brief, for appellant.

Andrew M. Gant, Jr., U. S. Atty., Nashville, Tenn., Fred Elledge, Jr., U. S. Atty., Nashville, Tenn., on the brief, for appellee.

Before MARTIN, McALLISTER and MILLER, Circuit Judges.

McALLISTER, Circuit Judge.

From a conviction for using the mail to carry out a scheme to defraud, in violation of Title 18 U.S.C.A. § 1341, the defendant appeals, claiming prejudicial error in the instructions to the jury.

During the course of its charge, the trial court read the following pertinent section of the statute to the jury:

"Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or...

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