UNITED STATES v. MacCLAIN

No. 73-1851.

501 F.2d 1006 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Eddie L. MacCLAIN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided August 16, 1974.

Rehearing Denied September 23, 1974.


Attorney(s) appearing for the Case

Donald S. Molen, Denver, Colo., for defendant-appellant.

Richard Slivka, Asst. U. S. Atty. (James L. Treece, U. S. Atty., on the brief), for plaintiff-appellee.

Before HILL, MOORE and DOYLE, United States Circuit Judges.


HILL, Circuit Judge.

Eddie MacClain was indicted by a federal grand jury in Colorado on five counts of securities fraud and mail fraud, in violation of 15 U.S.C. §§ 77q(a) and 77x, and of 18 U.S.C. §§ 2 and 1341. He subsequently was convicted by a jury on all counts.

The following evidence was adduced at trial. In the summer of 1966, MacClain and Kenneth Cook decided to establish a mail order business in Denver, Colorado. Neither one had...

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