Clarke

Clarke v. United States

Good Law
132 F.2d 538·1942 U.S. App. LEXIS 2637
United States Court of Appeals for the Ninth CircuitDecember 30, 1942No. 9914California1,646 words

Opinion

Lead Opinion

Haney, J.

Appellant was convicted on each of four counts of an indictment, was sentenced to imprisonment for four years on each count, the sentences to run concurrently, and appeals.

The indictment is based on 18 U.S.C.A. § 338 , which provides in part: “Whoever, having devised * * * any scheme * * * to defraud, or for obtaining money or property by means of false or fraudulent * * * representations * * * shall, for the purpose of executing such scheme * * * or attempting so to do * * * cause to be placed, any letter * * * in any post office * * * 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 * * * shall be fined >¡í sfc »

The indictment charged that prior to the use of the mails as therein charged, appellant, one Drummey and one Main schemed to procure possession of, and authority to sell, a large number of highly valuable shares of the Coca-Cola Company and the Coca-Cola International Corporation, owned by Jean Hunter, for the pretended benefit of the victim and her family, but in truth and in fact, for the purpose of gaining control of the…

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