Harold W. Marvin v. United States

PICKETT, Circuit Judge.

The defendant, Harold W. Marvin, was convicted on six counts of an indictment charging him with violation of the mail fraud statute, 18 U.S.C.A. § 1341. He was sentenced to two years imprisonment on each count, the sentences to run concurrently. This appeal presents the single question of whether there was a fatal variance between the allegations of the indictment and the proof.

In substance, the indictment alleges that while Marvin was in the novelty business in Denver, Colorado, he devised a scheme to defraud Amberson Investment Corporation by assigning to it…