(dissenting).
I can and do concur in that part of the opinion of the majority which affirms the convictions of Appellants Sprague and Kimball. I cannot, however, concur as to the reversal of the conviction of Appellant Milam.
In my opinion, the evidence presented to the Government on the trial of this case was just as strong to support the conviction of Milam as it was to support the convictions of Sprague and Kimball. The opinion of the majority minimizes the evidence that directly connected Milam with this scheme, and, in doing so, violence is done to the basic legal proposition that the issues of fact are to be decided by the jury under proper instructions from the Court. Milam’s part in this entire operation and his knowledge of the criminal activities of the operation are manifested by his incorporation of the Metropolitan Investment Service Corporation and his acting as secretary and treasurer of that corporation until he reorganized it and “turned” it over to Sprague and Kimball. Milam also hired a typist to work at the investment corporation. He drew the contract that was used by the salesmen of the corporation. The Dixon check that had a restrictive endorsement on it to the effect that it was not to be cashed until the loan was granted was in the amount of $1,190 and was deposited to the account of Milam. In addition to this, Mr. Dixon testified that upon several occasions he complained to Milam about his loan not going through, and tried to get his money back, but was assured by Milam that the loan would be forthcoming. Also, a check in the amount of $225 from a refrigeration company was deposited to Milam’s account. One of the victims, a Mr. Dawson, testified that he complained about delays with respect to his loan. Upon one occasion Dawson testified that in Milam’s presence Kimball assured him that the Metropolitan Investment Service-Corporation was a branch or subsidiary of Metropolitan Life Insurance Company and suggested that if he did not believe it, he could verify it by the home office of Metropolitan Life Insurance Company in New York. Subsequently, Mr. Dawson spoke with Milam who assured him that his loan had been approved and’ stated that he could not understand why Dawson had not received the loan long ago. Such false representations were the-basis for the entire scheme and firmly connected Milam with the scheme.
I dissent as to the reversal of the conviction of Milam.