United States v. Pihakis

MURPHY, District Judge.

Defendant found guilty by verdict of a jury on two counts of wilful misapplication, 18 U.S.C.A. § 656, Id. § 2, and on one count of violating the mail fraud statute, 18 U.S.C.A. § 1341, Id. § 2, moves in arrest of judgment and for a new trial.

Defendant’s motion based upon the sufficiency of the indictment as to counts 1 and 2, being similar to reasons asserted in United States v. Caplan, D.C., 123 F.Supp. 862, will for the reasons therein stated be denied. As to count 3, see Webb v. United States, 10 Cir., 1951, 191 F.2d 512, at page 514; Bauman v. United States, 5…