United States v. Palmieri

CHATFIELD, District Judge.

This indictment is brought under section 5480, Rev. St. (U. S. Comp. St. 1901, p. 3696), and purports to charge the defendánt (in nine counts) with nine schemes to defraud by selling different stocks for money, on false representations, and by using the post office in the mailing of a particular letter in executing each scheme.

Objection in the form of a demurrer is made to the sufficiency of the indictment on two grounds. The first is that more than three of the counts charge offenses on dates within a period of six months. This question is stated at length in the…