Legal Opinion

Erbaugh v. United States

Court of Appeals for the Eighth Circuit

Decided November 1, 1909No. 3,053PublishedCited by 9 opinions

In Error to the District Court of the United States for the District of Colorado. Charles O. Erbaugh was convicted of using the mails to defraud, and brings error.

1Opinion of the Court

SANBORN, Circuit Judge.

The complaint in this case is that the defendant below was convicted and sentenced for using the mails to defraud, in violation of section 5480 of the Revised Statutes (3 U. S. Comp. St. 1901, p. 3696, Act June 8, 1812, c. 335, 11 Stat. 323, as. amended by Act March 2, 1889, c. 393, § 1, 25 Stat. 813).

There are many specifications of error, but the most serious one is that the defendant’s motion for arrest of judgment upon the ground that the indictment charged no offense was denied, and he was sentenced for devising a fraudulent scheme to be effected by intending to.…

2Cases cited18 opinions

  1. United States v. WiltbergerSupreme Court of the United States · 1820
  2. United States v. GermaineSupreme Court of the United States · 1879
  3. Stokes v. United StatesSupreme Court of the United States · 1895
  4. Brown v. United StatesCourt of Appeals for the Eighth Circuit · 1906
  5. Horman v. United StatesCourt of Appeals for the Sixth Circuit · 1902

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

3Cited by9 opinions

  1. Weiss v. United StatesCourt of Appeals for the Fifth Circuit · 1941
  2. Harrison v. United StatesCourt of Appeals for the Sixth Circuit · 1912
  3. Horn v. United StatesCourt of Appeals for the Eighth Circuit · 1910
  4. Younts v. Southwestern Telegraph & Telephone Co.U.S. Circuit Court for the District of Eastern Arkansas · 1911
  5. In re JohnsonDistrict Court, W.D. Washington · 1915

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

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