Archie K. Babson and Victor J. Trial v. United States

KOELSCH, Circuit Judge.

Archie K. Babson and Victor J. Trial were indicted (with several others) for using the mails to defraud and for conspiracy to do so. 18 U.S.C. §§ 1341, 371. The indictment contained a total of 21 counts; the first charged the defendants with a conspiracy and the remaining 20 -charged them jointly with the commission of as many substantive offenses. Four of the substantive counts were dis-missed on the Government’s motion. The jury found Babson guilty on all remaining counts and Trial guilty of the conspiracy and two of the substantive •counts, but not guilty as to any…