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UNITED STATES v. CLARK

Nos. 71-1257, 71-1287.

456 F.2d 1375 (1972)

UNITED STATES of America, Appellee, v. Thomas Jefferson CLARK, Appellant. UNITED STATES of America, Appellee, v. Jeff McHENRY, Appellant.

United States Court of Appeals, Tenth Circuit.

March 3, 1972.

Attorney(s) appearing for the Case

Robert D. McDonald, Asst. U.S. Atty. (Richard A. Pyle, U.S. Atty., on the brief), for appellee.

Donald G. Freeman, Oklahoma City, Okl., for appellant Thomas Jefferson Clark.

Sam Harris, Tulsa, Okl., for appellant Jeff McHenry.

Before LEWIS, Chief Judge and McWILLIAMS and BARRETT, Circuit Judges.

McWILLIAMS, Circuit Judge.

Thomas Jefferson Clark and Jeff McHenry were jointly charged in an eleven count indictment with using the United States mail to defraud in violation of 18 U.S.C. § 1341. Specifically, they were charged with devising a scheme whereby through the use of false and fraudulent pretenses and promises, which they knew were false and fraudulent, they obtained some $20,075 from the First National Bank in Porter, Oklahoma, and that in so doing...

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