LEMON v. UNITED STATES

No. 16468.

278 F.2d 369 (1960)

Jack A. LEMON and Martin de Bruin, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

March 30, 1960.


Attorney(s) appearing for the Case

Hyman M. Greenstein, Greenstein & Franklin, Honolulu, Hawaii, for appellants.

Louis B. Blissard, U. S. Atty., Harry W. Dudley, Asst. U. S. Atty., Honolulu, Hawaii, for appellee.

Before MATHEWS, HAMLEY and MERRILL, Circuit Judges.


HAMLEY, Circuit Judge.

Jack A. Lemon and Martin de Bruin were jointly tried and convicted on all counts of a five-count indictment charging use of the mails to defraud, in violation of 18 U.S.C.A. § 1341.1 The activity in connection with which they were convicted involved the sale of booklets entitling the purchaser to receive certain articles and services from Honolulu merchants. The sales were made over the telephone, and the orders...

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