Miller v. United States

HUXMAN, Circuit Judge.

U. R. Miller, T. C. Miller and Charles Miller were charged in the District Court of the United States for the District of Kansas with violating Sections 88 and 338, .18 U.S.C.A. The indictment contained eleven counts. The first ten counts charged the formation of a scheme to defraud by use of the mails, in violation of 18 U.S.C.A. § 338. The eleventh count charged a conspiracy to defraud by use of the mails in furtherance thereof, in violation of 18 U.S.C.A. § 88. They were found guilty and sentence was imposed, from which they have appealed.

The transactions out of which…