Nos. 78-1489, 78-1490.

587 F.2d 876 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Robert KIRBY and James Curtis, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided November 30, 1978.

Attorney(s) appearing for the Case

James H. Voyles, Jr., Indianapolis, Ind., for defendants-appellants.

Bernard L. Pylitt, Asst. U. S. Atty., Indianapolis, Ind., for plaintiff-appellee.

Before FAIRCHILD, Chief Judge, and CUMMINGS and PELL, Circuit Judges.

CUMMINGS, Circuit Judge.

In March 1977, a 12-count indictment was returned against defendants. Count I charged a conspiracy in violation of 18 U.S.C. § 371, the general conspiracy statute, in that from January 1, 1976, to December 9, 1976, defendants agreed to commit four offenses against the United States, namely,

A. To violate the mail fraud statute (18 U.S.C. § 1341) by scheming to obtain money by false pretenses from Central Soya Company through...

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