Joseph G. Asher v. United States

Appellant was convicted on various counts of securities and mail fraud under Title 15 U.S.C. § 77e(a) (1) and (2), and 77q(a); Title 18 U.S.C. § 1341 (1964). He has appealed conviction of eleven counts. On appeal the sole contention is that the evidence is insufficient to constitute proof of the crimes charged in that it establishes that appellant did not himself use the mails in connection with any fraudulent transactions and he was not charged in the indictment with aiding and abetting under Title 18, U.S.C. § 2 (1964)

That section does not purport to define a distinct crime of aiding or abetting. It provides who may be charged as principal.

In Pereira v. United States, 347 U.S. 1, 8 , 74 S.Ct. 358, 362 , 98 L.Ed. 435 (1953), it is stated with reference to Title 18 U.S.C. §§ 1341 and 2314:

In United States v. Provenzano, 334 F.2d 678, 691 (3d Cir. 1964), cert. denied, 379 U.S. 947 , 85 S.Ct. 440 , 13 L.Ed.2d 544 (1964), it is stated:

See also Nye & Nissen v. United States, 336 U.S. 613, 618-619 , 69 S.Ct. 766 , 93 L.Ed. 919 (1949); Swanne Soon Young Pang v. United States, 209 F.2d 245, 246 (9th Cir. 1953).

Judgment affirmed.

Appellant has moved to be admitted to bail…