Kercheval v. United States

FOSTER, Circuit Judge.

Appellant was convicted on an indictment charging him and one Slentz with using the mails in furtherance of a scheme to defraud. Error is assigned to the overruling of a motion for a directed verdict, on the ground of- a fatal variance between the allegations of the indictment and the proof. '

The indictment substantially alleges a scheme by which appellant and his eodefendant were to sell shares and interests in certain designated oil and gas leases by false representation that they were of great present and prospective value and that the said defendants were the…