Erber v. United States
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Emil Erber was convicted under Criminal Code (Act March 4, 1909, c. 321) §§ 37, 215, 35 Stat. 1096, 1130 (Comp. St. 1913, §§ 10201, 10385), of conspiracy, and of using the mails in connection with a scheme to defraud, and he brings error.
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In Error to the District Court of the United States for the Southern District of New York. Emil Erber was convicted under Criminal Code (Act March 4, 1909, c. 321) §§ 37, 215, 35 Stat. 1096, 1130 (Comp. St. 1913, §§ 10201, 10385), of conspiracy, and of using the mails in connection with a scheme to defraud, and he brings error. This' cause comes here on a writ of error to review a judgment convicting plaintiff in error (hereafter called Erber or defendant) on four counts of an indictment; three charging violation of section 215, and one charging violation of section 37, of the United States…
1Opinion of the Court
MAYER, District Judge.
Defendant was tried on an indictment containing five counts; four of which charged a violation of section 215, and one of section 37 of the Criminal Code of the United States. Defendant was indicted jointly with seven other persons, viz., Zipper, Stavsky, Starr, Mandelbaum, Nadelman (alias Nadel), Shapiro, and Wetstein. Starr and Shapiro were never apprehended. Mandelbaum, Nadelman, and Wetstein pleaded guilty the day the trial began, and were witnesses for the United States, and as to them sentence was suspended. Erber, Zipper, and Stavsky were tried. The first count…
2Cases cited6 opinions
- Boyd v. United StatesSupreme Court of the United States · 1892
- United States v. BuddSupreme Court of the United States · 1892
- Mayer v. . the PeopleNew York Court of Appeals · 1880
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- Marshall v. United StatesCourt of Appeals for the Second Circuit · 1912
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- Goldberg v. United StatesCourt of Appeals for the Fifth Circuit · 1924
- Crinnian v. United StatesCourt of Appeals for the Sixth Circuit · 1924
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