Whitson v. United States

STEPHENS, Circuit Judge.

The appellant was convicted by a court sitting with a jury of violating the Federal mail fraud statute, Section 338, Title 18 United States Code Annotated. The indictment contained three counts (the first of which was thereafter dismissed) in each of which it is alleged that the defendant appellant having devised a scheme and artifice to defraud “the Catholic Welfare Society, Monsignor Thomas J. O’Dwyer, St. Boniface’s Orphanage, Rev. Gerard Brenneke, and divers other persons to the grand jurors unknown”, made unlawful use of the United States mails for the purpose of…