Worthington v. United States

FITZHENRY, District Judge.

The indictment in this cause was returned December 10, 1914. It contains seven counts, charging plaintiff in error and two others, McKinnon and Coy, with conspiracy to violate section 215 of the Penal Code (Comp. St. § 10385), and, in the second to seventh counts, inclusive, with having used the mails in furtherance of a scheme to defraud, in violation of the same section. All of the counts, exclusive of the first, charge the substantive crime for overt acts set out in the conspiracy count.

On February 8, 1923, a nolle prosequi was entered as to defendant MoKinnon. On…