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IRWIN v. UNITED STATES

No. 19103.

338 F.2d 770 (1964)

Nels IRWIN and John F. Kerns, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied December 29, 1964.

Attorney(s) appearing for the Case

William J. D. Lane, Hallam Mathews, Allan M. Carson, Los Angeles, Cal., for appellant Nels Irwin.

Gibson, Hillsinger & Saunders, Lawndale, Cal., Bonaparte & Binder, Hollywood, Cal., for appellant John F. Kerns.

Francis C. Whelan, U. S. Atty., Richard A. Murphy, Asst. U. S. Atty., Chief, Criminal Section, Robert H. Filsinger, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before HAMLEY, JERTBERG and BROWNING, Circuit Judges.

HAMLEY, Circuit Judge.

Nels Irwin and John F. Kerns1 were jointly tried before a jury, convicted and sentenced on sixteen counts of an indictment charging mail frauds in violation of 18 U.S.C. § 1341 (1958).2 Each has appealed and the two appeals have been consolidated.

Each count upon which Irwin and Kerns were convicted relates to the mailing of a particular letter to a named individual or company...

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