Phillips v. United States
Court of Appeals for the Fifth Circuit
In Error to the District Court of the United States for the Southern District of Georgia; Beverly D. Evans, Judge. Criminal prosecution by the United States against Anthony Phillips. Judgment of conviction, and defendant brings error.
1Opinion of the Court
HUTCHESON, District Judge.
This writ of error is prosecuted from the action of the court below in denying a motion filed in arrest of judgment, and in proceeding to judgment on a verdict of guilty. The errors assigned are: (1) That the indictment is void, since it joins charges of misdemeanor and felony; (2) that the verdict is *658uncertain and void, as not determining the count or counts under which defendant was convicted, some of the counts of the indictment charging felony, and some misdemeanor; (3) because the indictment mis-joined offenses, a portion of the offenses charged being entirely…
2Cases cited5 opinions
- Logan v. United StatesSupreme Court of the United States · 1892
- Orth v. United StatesCourt of Appeals for the Fourth Circuit · 1918
- Kreuzer v. United StatesCourt of Appeals for the Eighth Circuit · 1918
- Glass v. United StatesCourt of Appeals for the Ninth Circuit · 1915
- United States v. RidgwayDistrict Court, W.D. Washington · 1912
3Cited by12 opinions
- United States v. Albert C. Drebin, Budget Films, Inc., Lawrence S. Fine and Bruce M. VeneziaCourt of Appeals for the Ninth Circuit · 1977
- Capone v. United StatesCourt of Appeals for the Seventh Circuit · 1931
- Steinberg v. United StatesCourt of Appeals for the Second Circuit · 1926
- Pivak v. StateIndiana Supreme Court · 1931
- Kelleher v. United StatesCourt of Appeals for the D.C. Circuit · 1929
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