Andrews v. United States, 1198.
| Decision Date | 18 June 1935 |
| Docket Number | No. 1198.,1198. |
| Citation | 78 F.2d 274,105 ALR 322 |
| Parties | ANDREWS v. UNITED STATES. |
| Court | U.S. Court of Appeals — Tenth Circuit |
Enos E. Hook, of Wichita, Kan. (E. A. Rogers, of Salt Lake City, Utah, on the brief), for appellant.
John S. Boyden, Asst. U. S. Atty., of Salt Lake City, Utah (Dan B. Shields, U. S. Atty., and Scott M. Matheson, Asst. U. S. Atty., both of Salt Lake City, Utah, on the brief), for the United States.
Before LEWIS, McDERMOTT, and BRATTON, Circuit Judges.
This is a prosecution for use of the mails in furtherance of a scheme to defraud in violation of section 215 of the Criminal Code (18 USCA § 338). The scheme laid in the indictment was to represent to persons by means of letters, circulars, pamphlets, telephone, and other conversations that appellant was and had been since 1910 a responsible and reputable statistician; that he was a responsible investment counsel engaged in business at Salt Lake City, Utah; that he could and would counsel and advise such persons with respect to the purchase and sale of stocks and securities; that, if they would accept the information which he furnished and would follow his advice, they would make unusual profits in stocks and bonds; that he would watch their accounts and protect their interests at all times and would exact for all of such service only the regulated stock exchange charges; that stock in Cedar Extension Mining Company could be purchased through him for 20 cents per share; that it was a profitable investment; that it would rise rapidly in price; that it could soon be sold through him for $1 per share or more; that money had been deposited in escrow in banks by others with which to buy at $1 per share all of the stock he was then offering such persons and was advising them to purchase; that all of such statements and representations were false; that in fact he owned the stock being offered for sale; that he purchased it at 3 cents per share; that it did not sell on the market for 20 cents per share or for any other sum; that it had very little intrinsic value; that it would not and could not advance in price unless he arbitrarily advanced the price of his own stock; that it could not and would not sell for $1 per share; that no money had been deposited in escrow in banks by third persons with which to purchase it at $1 per share or at any other price. It was charged by separate counts that eight different letters and written communications were sent through the mails in furtherance of the artifice to defraud. Conviction was had on all counts with provision that the several sentences should run concurrently.
The action of the trial court in admitting the testimony of several investors that appellant told them over long-distance telephone that money had been deposited in escrow in banks by third persons with which to purchase at $1 per share the stock which he was then urging such investors to buy or to complete payment of the purchase price is questioned. It is contended that the court should have heard the testimony in a preliminary way and, if...
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