Wiggins v. United States
Court of Appeals for the Second Circuit
In Error lo the District Court of the United States for the Southern District of New York. Criminal prosecution by the United States against Albert H. Wiggins. Judgment of conviction, and defendant brings error. The plaintiff in error was the defendant below and is hereinafter referred to as the defendant.
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In Error lo the District Court of the United States for the Southern District of New York. Criminal prosecution by the United States against Albert H. Wiggins. Judgment of conviction, and defendant brings error. The plaintiff in error was the defendant below and is hereinafter referred to as the defendant. An information was filed against the defendant by the United States attorney which charged that on the 4th and 5tb days of March, 1920, in the Southern district of New York, the defendant unlawfully, willfully, and knowingly maintained a common nuisance at a .place particularly described in…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above). The defendant asks this court to reverse the judgment of conviction which has been pronounced upon him, and to dismiss the information.
[1] A motion to dismiss the information and discharge the defendant was .made at the close of the defendant’s case. The motion was made upon the ground that the government had failed to make out its case. This was predicated upon the theory that it was necessary on the part of the government to show knowledge on the part of the defendant of the sales made or alleged to have been made of liquors by the man employed there, and…
2Cases cited3 opinions
- Weeks v. United StatesSupreme Court of the United States · 1914
- Silverthorne Lumber Co. v. United StatesSupreme Court of the United States · 1920
- Adams v. New YorkSupreme Court of the United States · 1904
3Cited by21 opinions
- Garske v. United StatesCourt of Appeals for the Eighth Circuit · 1924
- United States v. ReisenweberCourt of Appeals for the Second Circuit · 1923
- Singer v. United StatesCourt of Appeals for the Third Circuit · 1923
- United States v. GaffneyCourt of Appeals for the Second Circuit · 1926
- Dillon v. United StatesCourt of Appeals for the Second Circuit · 1921
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