Aiken v. United States

DOBIE, District Judge.

Defendant (appellant) was convicted in the United States District Court for the Western District of South Carolina for using the mails to defraud. 18 U.S.C.A. § 338. The indictment was in seven counts. The first and seventh counts, charging offenses under the Securities Act of 1933, 15 U.S.C.A. § 77 (q), were quashed by the trial judge; so defendant was tried and convicted under the Mail Fraud Statute on counts two to six, inclusive.

As a ground for reversal, defendant insists that the indictment ,is uncertain, indefinite and duplicitous. The chief basis for this attack…