Meyers

In 1938 appellant Meyers and eight others were indicted in ten counts for violation of the mail fraud statute, 18 U.S. C.A. § 338, in two counts for violations of the Securities Act of 1933, 15 U.S.C.A. § 77q(a) (1), and in one count for conspiracy to violate the mail fraud statute and the Securities Act, 18 U.S.C.A. § 88 . The jury found guilty four of the defendants named in the indictment but disagreed as to Meyers. 1 On Meyers’ retrial the jury *664 returned a verdict of guilty under the ten counts charging mail fraud, not guilty under the two counts charging violations of the Securities Act, and not guilty under the count charging conspiracy. Judgment and sentence followed. Meyers appeals, complaining primarily of the admission of certain testimony into evidence by the trial court.

The indictment alleges that the nine named defendants, before using the mails as charged, “devised and intended to devise a scheme and artifice to defraud and for obtaining money and property by means of false and fraudulent pretenses, representations and promises from a class of persons whom they might induce to invest in one or more oil promotion enterprises in the States of Washington and…