Bridgman

Ernest H. Bridgman and Jay C. Henson are here appealing from a conviction by court and jury upon an indictment charging them and twenty-five others with mail fraud, 18 U.S.C. (1946 ed.) § 338, and specifying eighteen overt acts each in separate counts. The indictment was dismissed as to eighteen of the defendants. The remaining nine were brought to trial. At the conclusion of the government’s case, the district court granted defendants’ motions for judgment of acquittal as to all counts, with the exception of Counts .Three, Four, Seven, Fourteen and Seventeen, on the ground that no evidence had been submitted as to the oVert acts set out in paragraph 2 of each count. At the conclusion of a lengthy trial, motions for judgments of acquittal as to the above enumerated five counts were again interposed on behalf of all remaining defendants and all such motions were denied. After submission and extended deliberation, the jury returned a verdict of not guilty on all such counts as to four defendants, was unable to reach a verdict as to three defendants [as to whom a mistrial was declared], and found appellant Bridgman guilty on Count Four and appellant Henson guilty on Count Seven, at…