Clarke v. Sanford

PER CURIAM..

Appellant’s reliance for reversal on Kann v. United States, 323 U.S. 88, 65 S.Ct. 148, 89 L.Ed. 88, 157 A.L.R. 406, and on Sheridan v. United States, 6 Cir., 152 F.2d 57, will not do. Kann’s case was brought under the mail fraud statute, 18 U. S.C.A. § 338. Sheridan’s case was wrongly decided. As was correctly pointed out by Judge Underwood in Tolle v. Sanford, D.C., 58 F.Supp. 695, the offense denounced in Sec. 415 of Title 18, under which appellant was convicted is quite a different offense from that denounced in Sec. 338. The gist of the offense under the mail fraud statute is…