Philbrook v. United States

SANBORN, Circuit Judge.

The appellants were tried and convicted under an indictment in thirty-one counts, thirty of which charged them and some fifty other persons with violations of 18 U.S.C.A. § 338 (the Mail Fraud Statute). In the thirty-first count of the indictment they were charged with a conspiracy to violate § 338 (18 U.S.C.A. § 88).

The appellants challenge the procedure followed by the court below in impaneling1 the jury to try the case.

The appellant Philbrook, who was convicted oxi only the thirty-first count of the indictment, in addition contends that the verdict against him is…