Nemec

Nemec was indicted, tried and convicted by a jury for defrauding numerous Washington investors by the sale of alleged mining claims in California through false and fraudulent representations. He was sentenced to a total of four years on counts involving conspiracy, mail fraud and two offenses under the Securities Act of 1933, § 17, 15 U.S.C.A. § 77q. The conviction was affirmed. 9 Cir., 178 F.2d 656 . He made- a motion in the United States District Court for the Eastern District of Washington, which was the Trial Court, to vacate judgment and sentence, which was denied. He again appeals.

He contends that the indictment was insufficient. The failure of the indictment to state crimes was raised before trial by a demurrer, which was overruled. The point was not raised upon appeal, but was necessarily passed upon. The judgment on affirmance became final. Furthermore, each count of the indictment has been reexamined and found to state a crime. The final claim is that the Court did not have jurisdiction of certain counts because the evidence did not show that the letter was posted within the District although posted within the State of Washington. The constitutional objection did not…