MARVIN v. UNITED STATES

No. 6330.

279 F.2d 451 (1960)

Harold W. MARVIN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

June 3, 1960.


Attorney(s) appearing for the Case

James W. Wilson, of Wilson & Boltz, Denver, Colo., for appellant.

Richard P. Matsch, Asst. U. S. Atty., Denver, Colo., (Donald G. Brotzman, U. S. Atty. and Jack K. Anderson, Asst. U. S. Atty., Denver, Colo., with him on the brief), for appellee.

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


PICKETT, Circuit Judge.

The defendant, Harold W. Marvin, was convicted on six counts of an indictment charging him with violation of the mail fraud statute, 18 U.S.C.A. § 1341. He was sentenced to two years imprisonment on each count, the sentences to run concurrently. This appeal presents the single question of whether there was a fatal variance between the allegations of the indictment and the proof.

In substance, the indictment alleges that while Marvin...

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