Spillers v. United States

FOSTER, Circuit Judge.

Appellant was convicted on ten counts of an indictment which in appropriate language charged him with mailing arid causing to bo mailed ten letters containing described cheeks in furtherance of a scheme to defraud by the sale of a food vending machine called the “Automatic Inn,” and the payment of fictitious profits to induce further purchases in violation of section 215, U. S. Criminal Code (18 USCA § 338). Error is assigned to the refusal of a directed verdict.

We may assume that the scheme alleged was fraudulent and that the proof supports that conclusion. But it is…