Mazurosky

The indictment in this case contains eight counts, the first six of which charged defendant with violation of Section 338 of Title 18, U.S.C.A., and the last two of which charged defendant with violation of Section 88 of said Title.

At the close of the trial, the defendant moved for a directed verdict as to all of the counts of the indictment. The court granted the motion as to counts 1, 2, 3, 5 and 6, and denied the motion as to counts 4, 7 and 8. The jury returned a verdict of guilty as to these three remaining counts. This is an appeal by the defendant from judgment entered thereon.

Certain of the facts in the case relate to more than one of the counts, and we therefore set them out prior to a separate discussion of the separate counts: »

During all of the period of time covered by the evidence, the defendant was engaged in the pawnshop and jewelry business in Portland, Oregon. In 1918 or 1919 defendant and one Frank Nelson met each other through a mutual acquaintance, a Dr. Brown, who had an optical store adjoining defendant’s place of business. The three visited together and were friendly.

By 1925 Nelson had become an optometrist, and prior to November of that year, he…