United States of America, and v. Solomon Goldberg, Also Known as Saul Gould, And

Appellant was charged with three counts of mail fraud in violation of 18 U.S.C. § 1341 . He was found guilty and convicted on all three counts. The indictment charged that appellant purchased airline tickets from United Airlines on a credit card with no intention of paying the charges incurred. He then sold the tickets at a reduced rate to defendant Kelem, who in turn sold them at reduced rates to the public.

Three basic issues are presented on appeal:

1. Whether the trial court erred in deleting portions of the indictment when read to the jury, both at the beginning of the trial and during the giving of instructions ;

2. Whether the indictment properly charged mail fraud in violation of 18 U. S.C. § 1341;

3. Whether the evidence was sufficient to support guilty verdicts.

When the court read the indictment to the jury, it omitted references to Kelem as an aider and abettor in Coiints Seven, Eight and Nine and omitted parts of Count One in the indictment which referred also to Kelem. Appellant did not object to these omissions, but rather expressed agreement with the court’s action. Assuming the issue to be properly before the court, it is without merit, since it is only…