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UNITED STATES v. CLASSIC

No. 20067 Cr.

35 F.Supp. 457 (1940)

UNITED STATES v. CLASSIC et al.

District Court, E. D. Louisiana, New Orleans Division.

October 31, 1940.

Attorney(s) appearing for the Case

Rene A. Viosca, U. S. Atty., and J. Skelly Wright, Hilary J. Gaudin, and Robert Weinstein, Asst. U. S. Attys., all of New Orleans, La., for the United States.

Charles W. Kehl, Fernando J. Cuquet, Jr., and Warren O. Coleman, all of New Orleans, La., for defendants.

CAILLOUET, District Judge.

The demurrer urged to Counts 5 and 6 of the indictment herein is not well founded in law.

To constitute the crime which is denounced by Section 338, Title 18 U.S. C.A., it is sufficient that the mails are used, or are caused to be used, in the actual, or attempted, execution of a devised scheme or artifice to defraud.

The two counts under attack specifically charge the devising of such a scheme or artifice to defraud, and...

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