CLARKE v. UNITED STATES

No. 9914.

132 F.2d 538 (1942)

CLARKE v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied February 6, 1943.


Attorney(s) appearing for the Case

H. Sylvester Garvin and Anthony Savage, both of Seattle, Wash., for appellant.

J. Charles Dennis, U. S. Atty., and G. D. Hile, Asst. U. S. Atty., both of Seattle, Wash., for appellee.

Before GARRECHT, HANEY, and HEALY, Circuit Judges.


HANEY, Circuit Judge.

Appellant was convicted on each of four counts of an indictment, was sentenced to imprisonment for four years on each count, the sentences to run concurrently, and appeals.

The indictment is based on 18 U.S.C.A. § 338, which provides in part: "Whoever, having devised * * * any scheme * * * to defraud, or for obtaining money or property by means of false or fraudulent * * * representations * * * shall, for the purpose of executing...

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