Westenrider

Reversal is sought of a judgment and sentence rendered after a verdict which found appellant guilty of violating 18 U. S.C.A. § 76 as charged in the first count of an indictment, and which also found him guilty of violating 18 U.S.C.A. § 88 , as charged in the second count of an indictment.

Briefly stated, the facts out of which the crimes arose were: Elizabeth E. Lund made a contract with one Noble, by which Noble agreed to do certain remodeling work for Mrs. Lund at an agreed price of $1,000, but of which Noble was to refund to Mrs. Lund $167. Mrs. Lund obtained the contract price by negotiating a Federal Housing Administration loan. About six months later Noble and appellant agreed to see Mrs. Lund and obtain the $167 which Noble had given her pursuant to the contract. Appellant represented himself as a government investigator and inspector investigating alleged violations of the Federal Housing Administration Laws. Because of his representations that Mrs. Lund had violated the law and his threats of immediate trial and punishment, Mrs. Lund gave to Noble a check for $167, which he cashed and divided with appellant.

The first count of the indictment charged appellant with…