DAWKINS, District Judge.
Defendant has demurred to the indictment in this case largely upon the ground that the alleged frauds or perjured testimony is charged to have been committed in testifying concerning a scheme in which the mails were "to be used" instead of alleging that they had actually been used.
Count one of the indictment, which is made by reference part of the succeeding counts, sets forth that the investigation before the grand jury in which...
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