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MITCHELL v. UNITED STATES

No. 2207.

118 F.2d 653 (1941)

MITCHELL et al. v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

March 18, 1941.

Attorney(s) appearing for the Case

C. Ray Smith, of Santa Fe, N. M. (Hugh B. Woodward and R. F. Deacon Arledge, both of Albuquerque, N. M., on the brief), for appellant.

Everett M. Grantham, U. S. Atty., of Sante Fe, N. M. (Gilberto Espinosa, Asst. U. S. Atty., of Albuquerque, N. M., on the brief), for appellee.

Before PHILLIPS, BRATTON, and MURRAH, Circuit Judges.

BRATTON, Circuit Judge.

This appeal brings here for review the conviction and sentence of H. Dulaney Mitchell upon the first count of an indictment charging a violation of the mail fraud statute, section 215 of the Criminal Code, 18 U.S.C.A. § 338. The count charged that, having devised and intending to devise a scheme to defraud and to obtain money and property from Alma E. Doering by false and fraudulent pretenses, representations and promises, appellant stated...

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