United States v. Smith

DICKINSON, District Judge.

The first reason assigned in arrest of judgment is that the proofs adduced at the trial fell short of the averments of the indictment. The facts in the case, from the viewpoint presented on this motion, are that the defendant was a practicing physician and a specialist in certain forms of nervous diseases, which he was because of this able to successfully treat. The indictment charged the scheme or artifice to defraud consisted, among other things, in the defendant falsely representing himself to be a physician and a specialist as above stated. No proof of the…