Legal Opinion

Jelke v. United States

Court of Appeals for the Seventh Circuit

Decided March 2, 1918No. Nos. 2168, 2170-2176, 2220PublishedCited by 81 opinions

In Error to the District Court of the United States for the Eastern Division of the Northern District of Illinois. Criminal prosecution by the United States against John E. Jelke, Harry E. Hitchins, William. M. Steele, Hugh D. Cameron, William R. Dillard, William P. Jackson, Fred Rapp, R. B. Tullís, Francis M. Dowry, and four others. From judgments of conviction, the defendants named separately bring error.

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In Error to the District Court of the United States for the Eastern Division of the Northern District of Illinois. Criminal prosecution by the United States against John E. Jelke, Harry E. Hitchins, William. M. Steele, Hugh D. Cameron, William R. Dillard, William P. Jackson, Fred Rapp, R. B. Tullís, Francis M. Dowry, and four others. From judgments of conviction, the defendants named separately bring error. The nine plaintiffs in error and four others were indicted by the grand jury, charged with the crime of conspiracy to defraud the United States out of the ten ceDts per pound tax due by…

1Opinion of the CourtEvan A. Evans, Circuit Judge

(after stating the facts as above). Is the indictment sufficient?

Plaintiffs in error appropriately and timely raised this question, and now claim that the “allegations set forth in the indictment do not constitute- a conspiracy to defraud the United States.” The indictment is assailed:

*273(A) Because of the defects in the allegations wherein it is sought to describe the conspiracy, and

(B) Because of the defects in the allegations wherein it is sought to describe acts which are therein alleged to have been done to effect the object of the conspiracy.

[1] Contending that the specific allegations…

2Cases cited65 opinions

  1. United States v. CruikshankSupreme Court of the United States · 1876
  2. Hyde v. United StatesSupreme Court of the United States · 1912
  3. Coffin v. United StatesSupreme Court of the United States · 1895
  4. Williamson v. United StatesSupreme Court of the United States · 1908
  5. Pettibone v. United StatesSupreme Court of the United States · 1893

60 more not listed; retrieve them via the Exa API.

3Cited by81 opinions

  1. Wong Tai v. United StatesSupreme Court of the United States · 1927
  2. United States v. General Motors CorporationCourt of Appeals for the Seventh Circuit · 1941
  3. Haywood v. United StatesCourt of Appeals for the Seventh Circuit · 1920
  4. United States v. ConfortiCourt of Appeals for the Seventh Circuit · 1953
  5. Rudner v. United StatesCourt of Appeals for the Sixth Circuit · 1922

76 more not listed; retrieve them via the Exa API.

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