Legal Opinion

Radford v. United States

Court of Appeals for the Second Circuit

Decided March 8, 1904No. 55PublishedCited by 23 opinions

In Error to the District Court of the United States for the Western District of New York. This cause comes here upon a writ of error to review a judgment of the District Court, Western District of New York, convicting plaintiff in error of a violation of section 5440, Rev. St. U. S. [U. S. Comp.

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In Error to the District Court of the United States for the Western District of New York. This cause comes here upon a writ of error to review a judgment of the District Court, Western District of New York, convicting plaintiff in error of a violation of section 5440, Rev. St. U. S. [U. S. Comp. St. 1901, p. 3676], which reads as follows: “5440. If two or more persons conspire either to commit any offense against the United States, or to defraud the United States in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, all the…

1Opinion of the CourtLacombe, Circuit Judge

(after stating the facts as above). Before entering upon a discussion of the points raised by assignment of errors and here argued, we must call attention to the character of the record presented to this court. It consists of 580 printed pages and a supplement of 96 pages in typewriting containing exhibits. The appeal is by Radford only, and there was no motion to direct acquittal as to him, or, indeed, as to any of the others. In view of the issues involved, the testimony is most voluminous, and it has been presented to us without the slightest effort to assist the court by concentrating its…

2Cases cited3 opinions

  1. Logan v. United StatesSupreme Court of the United States · 1892
  2. United States v. FarringtonDistrict Court, N.D. New York · 1881
  3. United States v. RosenburghSupreme Court of the United States · 1869

3Cited by23 opinions

  1. Stewart v. United StatesCourt of Appeals for the Eighth Circuit · 1924
  2. United States v. Joseph D. Nunan, Jr.Court of Appeals for the Second Circuit · 1956
  3. McGregor v. United StatesCourt of Appeals for the Fourth Circuit · 1904
  4. Anderson v. United StatesCourt of Appeals for the Eighth Circuit · 1921
  5. Cravens v. United StatesCourt of Appeals for the Eighth Circuit · 1932

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