Waggoner

Waggoner v. United States

Good Law
113 F.2d 867·1940 U.S. App. LEXIS 3480
United States Court of Appeals for the Ninth CircuitJuly 26, 1940No. 9008California676 words

Opinion

Lead Opinion

Mathews, J.

p, Waggoner and eight others 1 were jndicted for violating § 215 of the Criminal Codej 18 U.S.C.A. § 338 . 2 The in-djcjmcnt was jn sjx counts. Each count charged that, having devised a scheme to defraud and for obtaining money and property by means of false and fraudulent Pretenses, representations and prom-ises> Waggoner and his codefendants, for the purpose of executing the scheme, placed a described letter in the United States post office at Los Angeles, California, to be sent and delivered by the *868 post office establishment of the United States. Waggoner and seven of his co-defendants 3 were arraigned, pleaded not guilty and were brought to trial. Wag-goner was convicted and sentenced on counts 1, 3, 4 and S, and has appealed.

There are twenty assignments of error. 4 Assignments 1, 2 and 3 are that the court erred in refusing requests said to have been made by appellant for an instructed verdict. The bill of exceptions shows- no such request. We have nevertheless reviewed the evidence and find that it amply supports the jury’s verdict.

Assignments 4 to 8, inclusive, are to the admission of evidence. None of them quotes the grounds urged at the trial for the objection or…

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