Simmons v. United States

FOSTER, Circuit Judge.

Appellant was convicted on five counts of two indictments consolidated for trial. Indictment 6512 had but one count and charged appellant Simmons, together with Miller, Greene, Halfin, and Regan, with conspiring to violate title 18, U.S.Code, § 338 (18 U.S.C.A. § 338), by operating a scheme to defraud by use of the mail. Indictment 6520 was in four counts. Count 4 charged a different but similar conspiracy between Simmons, Miller, and Greene to violate the mail fraud statute. The first, second, and third counts of indictment 6520 each charged the substantive offense of…