Marshall

Marshall was indicted, tried, convicted, and sentenced under nine counts of an indictment charging fraudulent use of the United States mails ( 18 U.S.C.A. § 338 ) and conspiracy to use the United States mails in furtherance of fraudulent practices ( 18 U.S.C.A. § 88 ). He appeals.

The indictment contains eleven counts, of which counts 6 and 7 were dismissed during the course of the trial. It charges appellant and four others with devising a scheme and artifice to defraud and to obtain money and property by means of false and fraudulent pretenses, representations, statements, and promises. The scheme is set forth in detail in count 1 and is incorporated by reference in all the other counts. Thereafter, the first ten counts allege that defendants “unlawfully, wilfully and felo-niously did knowingly place” in the mails “for the purpose of executing said scheme and artifice to defraud” various letters addressed to certain persons to be sent and delivered by the post office establishment of the United States. Count 11 alleges that the defendants conspired to devise the scheme to defraud set forth in the first count and to place letters and other mail matter in the Post Office of the…