Aycock

Appeal from judgment of conviction and sentence of eighteen months’ confinement in the penitentiary concurrently on eaeh of seven counts as to defendant Ayeock and five as to defendant Jordan, and five years concurrently on eaeh of four counts as to both defendants ; the five-year sentence, however, to be suspended with probation for like period, conditioned as to each on payment of $2,000 for fine and costs. One of the counts, No. 11, on which the eighteen months’ sentence was imposed on eaeh defendant, was for violation of section 37, Criminal Code, 18 USCA § 88, conspiracy to commit the substantive offense, violation of section 215, Criminal Code, 18 USCA § 338 (Mail Fraud Act), charged in each of the other counts.

The question before us is whether or not proof of mailing of the indictment letters in response to inquiries by post office inspectors, addressed not to the real names and addresses of the inspectors but to names and addresses assumed by them for this purpose, will sustain the conviction; in other words, whether, in the words of the statute, such letters are addressed “to any person residing within or outside of the United States.”

Eaeh of the counts charged the…