U.S. Court of Appeals for the Fifth Circuit, 1915

Ruthven v. United States

Ruthven v. United States
U.S. Court of Appeals for the Fifth Circuit · Decided April 9, 1915 · Maxey, Pardee, Walker
222 F. 70; 137 C.C.A. 364; 1915 U.S. App. LEXIS 1432

Counsel

Armand Romain, of New Orleans, La., for plaintiff in error., Walter Guión, U. S. Atty., and Joseph W. Montgomery, Asst. U. S. Atty., both of New Orleans, La., for the United States.

Ruthven v. United States

Cases that cite this one

2 later published cases cite this decision.

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Opinion of the Court

PER CURIAM.

The plaintiff in error was indicted, convicted, and sentenced for violation of section 215 of the Criminal Code. The record shows no bill of exceptions, and the only error assigned is that the trial court erred in overruling a general demurrer to the sufficiency of the indictment, and the contention here is that the indictment was insufficient, because the scheme therein set forth does not on its face sufficiently show a scheme to defraud within the law, and because it *71fails to aver that the scheme and artifice of the plaintiff in error charged,was to be effected by the use of the United States mails.

The indictment sufficiently charges a scheme or artifice to defraud. It was not necessary to charge that it was to be effected through and by the use of the United States mails, and this precise question has been lately before the Supreme Court, and there decided adversely to the contention of plaintiff in error. United States v. Young, 232 U. S. 155-161, 34 Sup. Ct. 303, 58 L. Ed. 548. On the authority of that case, the judgment of the District Court is affirmed.

Considering letters on file, addressed to the court, urging a speedy disposition of the case, mandate may issue at once.

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