Federman v. United States

PAGE, Circuit Judge.

Five persons were charged, in four counts of an indictment, with using the mails in a scheme to defraud and in the fifth count with a conspiracy. Appellant, Federman, the defendants Cowgill and E. Porter Ayres, were convicted on the first four counts. Defendants Edwin B. Ayres and Walter W. Bray were acquitted. Federman only appeals.

The issues relied on are: (a) Failure to prove the scheme to defraud; (b) failure to prove that appellant used or caused the mails to be used; (e) error in admitting evidence; (d) erroneous refusal to strike out testimony; (e) prejudice to…