UNITED STATES v. O'MALLEY

No. 75-1282.

535 F.2d 589 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. John B. O'MALLEY, Jr., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied July 8, 1976.


Attorney(s) appearing for the Case

James L. Treece, U.S. Atty., and Richard P. Slivka, Asst. U.S. Atty., Denver, Colo., for plaintiff-appellee.

Lawrence M. Henry, Denver, Colo., for defendant-appellant, and John B. O'Malley, Jr., defendant-appellant, filed additional pro se brief.

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


McWILLIAMS, Circuit Judge.

John B. O'Malley, Jr., and Thomas K. Hudson were jointly charged in a three-count indictment with violation of the so-called fraud by wire statute. 18 U.S.C. § 1343. Specifically, both were charged with devising a scheme and artifice to defraud Matthey-Bishop, Inc. of Malvern, Pennsylvania by means of false and fraudulent pretenses, representations and promises, well-knowing that such representations were false and that in connection...

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