Norman G. Zachary and Edward J. Zacharski v. United States

, POPE, Circuit Judge,

J^n indictment was returned against-tile appellants, who are brothers, chargin® them> in 138 counts, with presenting fraudulent claims against the United. States, (counts 1 to 70); with forging, uttering and publishing a number of' United States TreasUry checks, (counts, 71 to and mailing false statements to the Post Office Department, (counts 92 to 138). A final count, No. 139; charged the appellants with eonspiring to present to the Treasury Department false and fraudulent tax returns claiming refunds due.

At the outset of the trial the appellant, Norman Zachary pleaded…