Mounday v. United States

Citations

• 225 F. 965
• 140 C.C.A. 93
• 1915 U.S. App. LEXIS 2157

Syllabus

<p>1. Post Office <&=48—Misuse of Matl—Scheme to Defraud—-Indictment.</p> <p>An indictment under Penal Codo (Act March 4, 1909, c. 321) § 215, 35 Stat. 1130 (Comp. St. 1913, § 10385), alleging the devising ol a scheme to defraud, and the placing of a letter in the post office to execute the scheme, and describing the scheme as one by which defendants would “pmend” certain things, is sufficient.</p> <p>[Ed. Note.—For other cases, see Post Office, Cent. Dig. §§ 67-80; Dee. Dig. (®=48.</p> <p>Nonmailable matter, see notes to Timmons v. United States, 30 C. C. A. 79; McCarthy v. United States, 110 C. C. A. 548.]</p> <p>2. Indictment and Information <2=101—Persons to Grand Jury Unknown —Several Counts.</p> <p>An indictment for use of the mails to effectuate a scheme to defraud, coniaining several counts, each charging the scheme was to defraud a person named, different in each count, and various others to the grand jurors unknown, is not bad, at least as against a motion in arrest, on the ground that the allegation in each count, that the grand jury did not know the other persons, was falso, as the indictment is to bo taken as a whole, and, so considered, it appears that all such persons known to the grand jury were named.</p> <p>[Ed. Note.—For other cases, see Indictment and Information, Cent. Dig. §§ 272-277; Dec. Dig. <S=I01,]</p> <p>8. Oeivíinal Law <2=1186—Appeal—Reversal—Plea in Abatement and Matters of Fact.</p> <p>Any error in determining the question of fact involved in a plea in abatement, whether an indictment was procured by use of certain papers, obtained by an illegal seizure, cannot avail; Rev. St. § 1011, as amended by Act Feb. 18, 1875, c. 80, § 1, 18 Stat. 318 (Comp. St. 1913, § 1672), prohibiting reversal in the Supreme Court or in a Circuit Court for error in ruling a plea of abatement, other than to tho jurisdiction, or for any error in fact; and Act March 3, 189], c. 517, §11, 26 Stat. 829 (Comp. St. 1913, § 1651), extending to the Circuit Courts of