Walker

Walker v. United States

Good Law
116 F.2d 458·1940 U.S. App. LEXIS 2693
United States Court of Appeals for the Ninth CircuitDecember 18, 1940No. 9134California3,947 words

Opinion

Lead Opinion

Haney, J.

Appellants were convicted on two indictments and bring this appeal.'

Indictment No. 14948 was based on 18 U.S.C.A. § 338 , which provides in part: “Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises * * * shall, for the purpose of executing such scheme or artifice or attempting so to do, place, or cause to be placed, any letter, postal card, package, writing, circular, pamphlet, or advertisement, * * * in any post office, or. station thereof, or street or other letter box of the United States, or authorized depository for mail matter, to be sent or •delivered by the post office establishment of the United States, * * * or shall knowingly cause to be delivered by mail according to the direction thereon * * * any such letter, postal card, package, writing, circular, pamphlet, or advertisement, shall be fined not' more than $1,000, or imprisoned not more than five years, or both.”

Indictment No. 14948 charged that appellants devised a scheme to obtain money and property by means of fraudulent representations from eight named individuals,…

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