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UNITED STATES v. ELLICOTT

Nos. 9052, 9106, 9111, 9317.

336 F.2d 868 (1964)

UNITED STATES of America, Appellee, v. J. Thomas ELLICOTT, Lewis L. Fleury, and Harvey C. Jones, II, Appellants. UNITED STATES of America, Appellee, v. Lewis L. FLEURY and Harvey C. Jones, II, Appellants. UNITED STATES of America, Appellee, v. J. Thomas ELLICOTT, Appellant (two cases).

United States Court of Appeals Fourth Circuit.

Decided September 14, 1964.

Attorney(s) appearing for the Case

Leroy W. Preston, Baltimore, Md., for appellant Lewis L. Fleury.

L. Robert Evans, Towson, Md., for appellant Harvey C. Jones, II.

Harris James George, Towson, Md., and Leon H. A. Pierson, Baltimore, Md., for appellant J. Thomas Ellicott.

Benjamin R. Civiletti, Asst. U. S. Atty., and Thomas P. Curran, Atty., Dept. of Justice (Thomas J. Kenney, U. S. Atty., on brief), for appellee.

Before SOBELOFF, Chief Judge, and HAYNSWORTH and BRYAN, Circuit Judges.

ALBERT V. BRYAN, Circuit Judge.

Mail fraud was charged to J. Thomas Ellicott, Lewis L. Fleury, and Harvey C. Jones II in an indictment of them as principals and aiders for devising, and furthering by use of the mails, a scheme to defraud two savings and loan associations in Baltimore, Maryland. 18 U.S.C. §§ 1341 and 1342. These appeals against their conviction must prevail, because utilization of the mails to prosper the

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