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BABSON v. UNITED STATES

No. 18410.

330 F.2d 662 (1964)

Archie K. BABSON and Victor J. Trial, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied May 19, 1964.

Certiorari Denied June 22, 1964.

Attorney(s) appearing for the Case

James W. Heyer, Denver, Colo., for appellant Babson.

James G. Follis, San Francisco, Cal., for appellant Trial.

Cecil F. Poole, U. S. Atty., Frederick J. Woelflen, and Jerrold Ladar, Asst. U. S. Attys., San Francisco, Cal., for appellee.

Before MERRILL, KOELSCH and BROWNING, Circuit Judges.

Certiorari Denied June 22, 1964. See 84 S.Ct. 1920.

KOELSCH, Circuit Judge.

Archie K. Babson and Victor J. Trial were indicted (with several others) for using the mails to defraud and for conspiracy to do so. 18 U.S.C. §§ 1341, 371. The indictment contained a total of 21 counts; the first charged the defendants with a conspiracy and the remaining 20 charged them jointly with the commission of as many substantive offenses. Four of the substantive...

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