No. 16165.

271 F.2d 184 (1959)

Lewis Dowell NORTHCRAFT, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

October 27, 1959.

Attorney(s) appearing for the Case

Gene P. Graham, Independence, Mo., for appellant.

J. Whitfield Moody, Asst. U. S. Atty., Kansas City, Mo. (Edward L. Scheufler, U. S. Atty., Kansas City, Mo., was with him on the brief), for appellee.

Before GARDNER, VOGEL and VAN OOSTERHOUT, Circuit Judges.

GARDNER, Circuit Judge.

Appellant was indicted in an Indictment of sixteen counts charging him with the use of the mails of the United States in furtherance of a scheme to defraud, in violation of Section 1341, Title 18, United States Code. The scheme to defraud as alleged was repeated by reference in each count of the Indictment. Count One, which is typical of all the counts, charged in part as follows:

"That prior to the 7th day of December, 1954, and continuing...


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