McKelvey

(after stating the facts as above). {1] E It is contended by the plaintiffs in error that the indictment fails to charge a conspiracy under the statute. Section 37 of the Act of March 4, 1909 ( 35 Stat. 1088 , 1096, c. 321), entitled “An act to codify, revise, and amend the penal laws of the United States,” provides:

Section 215 of the same act (page 1130) — so far as material to this case — provides:

The indictment charges that the defendants, on June 1, 1913, in the city of Eos Angeles, conspired, combined, confederated, and agreed together to commit an offense against the United States; that is, to commit acts made an offense and crime by section 215 of the Act of March 4, 1909 (chapter 321), entitled “An act to codify, revise, and amend the penal laws of the United States.” The indictment then proceeds to charge the defendants with acts constituting a scheme to defraud certain persons, charging acts made an offense against both sections 37 aud 215 of the Criminal Code, namely:

The indictment then proceeds to set forth two letters mailed by the defendants in pursuance of said conspiracy — one dated June 17, 1913, and the other August 8, 1913.

*804 ' The objection is that…