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McCUTCHAN v. UNITED STATES

No. 9835.

70 F.2d 658 (1934)

McCUTCHAN v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied May 9, 1934.

Attorney(s) appearing for the Case

Clyde Taylor, of Kansas City, Mo. (E. M. Jayne, of Kirksville, Mo., and E. F. Sharp, of New Madrid, Mo., on the brief), for appellant.

A. B. Lovan, Asst. U. S. Atty., of Kansas City, Mo. (William L. Vandeventer, U. S. Atty., of Kansas City, Mo., on the brief), for the United States.

Before GARDNER and WOODROUGH, Circuit Judges, and MARTINEAU, District Judge.

WOODROUGH, Circuit Judge.

The appellant, Jerome B. McCutchan, was convicted together with one Darby A. Day of conspiracy to violate the Mail Fraud Act (Section 215, Cr. Code [18 USCA § 338]), and was convicted on separate counts of having devised a scheme and used the mails in furtherance thereof as denounced by said section. Mr. McCutchan alone appeals.

It appears that Mr. McCutchan has had extended experience in various lines of the insurance business...

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