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UNITED STATES v. SPIELBERGER

28 F.Supp. 380 (1939)

UNITED STATES v. SPIELBERGER et al.

District Court, W. D. Virginia.

July 24, 1939.

Attorney(s) appearing for the Case

Joseph H. Chitwood, U. S. Atty., of Roanoke, Va., Frank S. Tavenner, Jr., Asst. U. S. Atty., of Woodstock, Va., and Clifton A. Woodrum, Jr., Sp. Asst. to Atty. Gen., for the United States.

T. W. Messick, of Roanoke, Va., for V. P. Wilson.

DOBIE, District Judge.

In this case the indictment is in many counts, and the defendants are quite numerous. One of the defendants, V. P. Wilson, demurs to the Fifth Count of the indictment, which purports to set out against him a violation of the Mail Fraud Statute, 18 U.S.C.A. § 338.

This demurrer states that Count Five of the indictment fails to state sufficient facts to constitute the crime of which the defendant Wilson is charged. In support of the...

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