Roubay

Roubay appeals from a judgment of conviction on five counts charging a scheme to defraud through use of the mails in violation of Title 18, Section 338 of the United States Code, 18 U.S.C.A. § 338 . On Roubay’s suggestion that he was without counsel and without funds to employ one on his appeal, the counsel appearing here volunteered to undertake its prosecution and, with assisting counsel, studied and shortened a record of 6,000 pages and ably presented his case.

Roubay was the leader of the group of swindlers in the conspiracy to defraud through the use of the United States mails which is considered in our opinion in Wag-goner v. United States, 9 Cir., 113 F.2d 867 . The record clearly shows his dominating participancy in the conspiracy and his counsel is compelled to make no contention that the judgment on four of the five counts of the indictment should be reversed, save with respect to an instruction later considered.

One count, the first, is contended to have no evidence to support a finding that the indictment letter was in fact sent through the mails. The exception relied on as warranting a consideration of the contention is to a refusal to direct a verdict of not guilty…