Cornes

Cornes v. United States

Good Law
119 F.2d 127·1941 U.S. App. LEXIS 3657
United States Court of Appeals for the Ninth CircuitApril 11, 1941No. 9509California1,445 words

Opinion

Lead Opinion

Mathews, J.

George H. Cornes, Raymond F. Marquis, Earl Canning and others were indicted in five counts for violating § 215 of the Criminal Code, 18 U.S.C.A. § 338 , 1 and in a sixth count for violating § 37 of the Criminal Code, 18 U.S.C.A. § 88 . 2 Cornes was convicted and sentenced on counts 3, 4 and 6 and has appealed.

Appellant has assigned 100 alleged errors, but has urged in this’ court only those hereinafter discussed. The others are deemed waived.

One assignment urged by appellant is that the court below erred in overruling a demurrer to the indictment. Grounds of *129 the demurrer were (1) that no count of the indictment charged any offense, (2) that each count charged more than one offense, and (3) that each count was indefinite and uncertain.

Each of the first five counts alleged that appellant and his codefendants had devised a scheme for obtaining money and property by means of false representations 3 and, for the purpose of executing the scheme, had deposited a letter or pamphlet 4 in the post office at Phoenix, Arizona, to be sent and delivered by the post office establishment of the United States. Thus each of the first five counts charged an offense under § 215 of the…

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