McLendon v. United States

WALKER, Circuit Judge.

The plaintiff in error, T. E. McLendon, was convicted of an offense denounced by section 215 of the Criminal Code (Comp. St. § 10385), which deals with the use of the mailsi to promote frauds. The indictment, which contains only one count, was filed February 27, 1925. By a pleading filed October 20, 1925, and called a motion to quash, the indictment was challenged on the following grounds: (1) That the order directing the drawing of the grand jury which found the indictment was not valid because it was made by the judge of the district when he was absent therefrom; (2)…