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UNITED STATES v. KIMMEL

No. 161, Docket 25834.

274 F.2d 54 (1960)

UNITED STATES of America, Appellee, v. Bert KIMMEL, Appellant.

United States Court of Appeals Second Circuit.

Decided January 20, 1960.

Attorney(s) appearing for the Case

Frederick H. Block, New York City (Robert B. Block, New York City, on the brief), for appellant.

James G. Starkey, Asst. U. S. Atty., S. D. New York, New York City (S. Hazard Gillespie, Jr., U. S. Atty., Otis Pratt Pearsall, Asst. U. S. Atty., S. D. New York, New York City, on the brief), for appellee.

Before CLARK, WATERMAN and MOORE, Circuit Judges.

MOORE, Circuit Judge.

Appellant was convicted by a jury for using the mails to defraud in violation of section 1341 of Title 18 United States Code. From the judgment of conviction appellant appeals, assigning as errors: (1) submission to the jury on insufficient evidence; (2) reception in evidence of work-papers of a deceased accountant; and (3) various rulings by, and a portion of the charge of, the trial judge. Specifically...

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