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UNITED STATES v. SMOTHERS

No. 17843.

435 F.2d 209 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. J. C. SMOTHERS, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied December 30, 1970.

Attorney(s) appearing for the Case

Walter R. Stewart, Champaign, Ill., for defendant-appellant.

Henry A. Schwarz, U. S. Atty., East St. Louis, Ill., Jonathan J. Seagle, Asst. U. S. Atty., Danville, Ill., for plaintiff-appellee.

Before DUFFY and KNOCH, Senior Circuit Judges, and PELL, Circuit Judge.

DUFFY, Senior Circuit Judge.

Defendant Smothers was indicted and convicted by a jury on fourteen separate counts of mail fraud in violation of Title 18 U.S.C. § 1341, often referred to as the mail fraud statute.

The indictment alleged that the defendant intentionally and wilfully devised a scheme and artifice to defraud the First National Bank of Gorham, Illinois, and the First National Bank of St. Louis, Missouri, and that said scheme entailed the preparation...

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