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UNITED STATES v. WININGER

No. 20148.

427 F.2d 1128 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. John L. WININGER, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

June 23, 1970.

Attorney(s) appearing for the Case

Pierce Winningham, III, Nashville, Tenn., for defendant-appellant; George E. Barrett, Nashville, Tenn., on brief.

Fred D. Thompson, Asst. U. S. Atty., Nashville, Tenn., for plaintiff-appellee; Charles H. Anderson, U. S. Atty., Nashville, Tenn., on brief.

Before PHILLIPS, Chief Judge, PECK, Circuit Judge, and HOGAN, District Judge.

PER CURIAM.

Defendant-appellant was indicted by and came to trial under a two-count indictment. The first count alleged a violation of 18 U.S.C. § 1341 and charged that appellant devised a scheme to defraud an oil company and its distributors by inducing them to extend credit under a credit card issued in the name of another but of which appellant had obtained possession. This count further charged that appellant knowingly caused the mails to be used in connection...

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