ZEBELMAN v. UNITED STATES

No. 7830.

339 F.2d 484 (1964)

Boris ZEBELMAN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

December 14, 1964.


Attorney(s) appearing for the Case

John L. Boeger, St. Louis, Mo. (Morris A. Shenker, Murry L. Randall and Emanuel Shapiro, St. Louis, Mo., on the brief), for appellant.

Newell A. George, U. S. Atty., for appellee.

Before LEWIS, BREITENSTEIN and HILL, Circuit Judges.


HILL, Circuit Judge.

Appellant was charged in a fifteen count indictment with the unlawful use of the mails in conducting and promoting a "* * * lottery, gift enterprise, or similar scheme offering prizes dependent in whole or in part upon lot or chance * * *" in violation of 18 U.S.C.A. § 1302. He filed a motion to dismiss the indictment on the grounds that it failed to charge an offense under § 1302 and that the facts alleged in each count, even if true...

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