CLYMER v. UNITED STATES

No. 111.

38 F.2d 581 (1930)

CLYMER v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

February 5, 1930.


Attorney(s) appearing for the Case

Kenaz Huffman, of Denver, Colo. (Clarence L. Ireland and Robert E. Winbourn, both of Denver, Colo., on the brief), for appellant.

Ralph L. Carr, U. S. Atty., of Antonito, Colo.

Before COTTERAL, PHILLIPS and McDERMOTT, Circuit Judges.


COTTERAL, Circuit Judge.

The appellant was convicted on three counts of an indictment for a fraudulent use of the mail, in violation of section 338, tit. 18, of the U. S. Code (18 USCA § 338). The errors assigned on appeal are the denial of an application to take depositions and to adjourn the trial for the purpose, and the refusal both to direct a verdict for appellant and to give other instructions to the jury.

The indictment was returned in May, 1928...

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