121 F. 190 | M.D. Penn. | 1903
It is not every fraudulent scheme in which the mails may happen to be employed that is made an offense against the federal law, but only such as are “to be effected” through
The second count is even more defective than the first. It merely charges a conspiracy to defraud the persons named in the first count, to whom circulars had been sent by mail. It is supposed to be drawn under section 5440 of the Revised Statutes [U. S. Comp. St. 1901, p. 3676]; but what is there provided for is a conspiracy of two or more either to commit an offense against the United States or to defraud it. A conspiracy to defraud an individual, even though the mails be made use of for that purpose, clearly does not fall within its terms.
The rule is made absolute, and the indictment quashed.