United States v. Earnhardt

SPARKS, Circuit Judge.

Appellant and another were found guilty by a jury on eleven counts of an indictment charging use of the United States, mails in furtherance of a scheme to .defraud, in violation of § 215 of the Criminal Code, 18 U.S.C.A. § 338; violation of §■ 17 of the Securities Act of 1933, 15 U.S. C.A. § 77q; and conspiracy to violate the two statutes. Appellant was sentenced to five years imprisonment and ordered to pay a fine of $1,000.

Two issues are raised by this appeal: Whether the trial judge committed, error in (1) overruling appellant’s demurrer to the indictment, and (2) in…