Nix

Nix v. United States

Good Law
4 F.2d 652·1925 U.S. App. LEXIS 3058
United States Court of Appeals for the Ninth CircuitMarch 9, 1925No. 4365California1,032 words

Opinion

Lead Opinion

Hunt, J.

(after stating the facts as above). The main assignments of error present the question of the sufficiency of the evidence and of rulings upon the admission or rejection of' testimony.

It is unnecessary to detail at length the testimony that was introduced in support of the material allegations of the indictment. There was evidence to show that Nix, by himself and with others, formed the syndicate and acquired the 30-aere oil and 'gas lease, with the purpose of obtaining money from innocent purchasers of stock by means of willfully false and fraudulent representations, and to execute the scheme that he, or through others acting at his instigation and direction, mailed letters to various persons. By an assignment dated January 5, 1921, Nix' transferred a twelve-sixteenths interest in the lease to secure a loan of $2,500. This fact he failed to disclose to shareholders, and after the assignment, and before May, 1922, he made sales of units of the syndicate upon the representation that he owned the lease, which in fact, with .the tools (the only assets of the syndicate), were also pledged. Witnesses testified that Nix failed to show-the permit he had obtained from the corporation…

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