Lantis

Appellant was convicted under an indictment charging that he and one Abreu knowingly and willfully conspired to violate § 80 of Title 18, U.S.C., by making and presenting to the Territorial Surplus Property office a false and fraudulent application, statement, and certificate that certain surplus property, namely a jeep, would be purchased by Abreu, a veteran, for his own use in his 'business, whereas it was the intention of the conspirators to purchase the jeep for the sole use and benefit of appellant, a nonveteran not entitled to the benefit of the veterans! priority privilege. There was a second count charging appellant with the substantive offense of causing a false statement to be filed in connection with the purchase of the jeep. The alleged cocon-spirator, Abreu, was not indicted and became the government’s chief witness. On a trial to the court without a jury appellant was adjudged guilty on -both counts, being sentenced to imprisonment on the first and to pay a fine on the second.

The appeal challenges the conviction on the conspiracy count only. The argument is that in order to have a conspiracy involving, as here, but two persons, it is necessary that the government…