United States Supreme Court Cases & Opinions

U.S. Supreme Court

Kann v. United States, 323 U.S. 88 (1944)

Kann v. United States

No. 35

Argued November 7, 1944

Decided December 4, 1944

323 U.S. 88

Syllabus

1. An essential element of the offense under § 215 of the Criminal Code is that the use of the mails be for the purpose of executing the fraudulent scheme. P. 323 U. S. 95.

2. The fraudulent scheme alleged being one to obtain money, and participants having obtained the money by cashing checks at banks, which thereupon became holders in due course, the subsequent mailings of the checks by the banks to the drawees were not "for the purpose of executing such scheme" within the meaning of § 215 of the Criminal Code, and the conviction here cannot be sustained. P. 323 U. S. 94.

140 F.2d 30 reversed.

Certiorari, 321 U.S. 761, to review the affirmance of a conviction of using the mails to defraud in violation of § 215 of the Criminal Code.

Page 323 U. S. 89