Degnan v. United States
Court of Appeals for the Second Circuit
In Frror to the District Court of the United States for the Western District of New York. Richard Degnan was convicted of receiving property shipped in interstate commerce which had been stolen from a railway car, and he brings error.
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In Frror to the District Court of the United States for the Western District of New York. Richard Degnan was convicted of receiving property shipped in interstate commerce which had been stolen from a railway car, and he brings error. Degnan and two others were jointly indicted, in that knowingly, etc., they did “buy, receive, conceal, and have in their possession” certain cases of shoes shipped in interstate commerce from Missouri to Ross & Co., of Rochester, N. Y., which shoes had been stolen from a railway car at Suspension Bridge, N. Y. The three defendants were tried together, and. all…
1Opinion of the Court
HOUGH, Circuit Judge.
The record contains almost no exceptions, and no objection whatever was made to any portion of the charge of the court.
[1] By assignments of error we are asked to review the weight of evidence—something so plainly beyond the power of an appellate court of the United States in a criminal cause, or in an action at common law, that citation has long been superfluous.
[2, 3] While we have often exercised the power to notice plain error not assigned in criminal matters, the exercise of that power is not a matter of right and is to be used only to prevent plain injustice. Gruher…
2Cases cited7 opinions
- Wilson v. United StatesSupreme Court of the United States · 1896
- Kasle v. United StatesCourt of Appeals for the Sixth Circuit · 1916
- People v. . WeldonNew York Court of Appeals · 1888
- Hunt v. . JohnsonNew York Court of Appeals · 1859
- In re HavensCourt of Appeals for the Second Circuit · 1918
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- United States v. ShermanCourt of Appeals for the Second Circuit · 1948
- United States v. Robert E. Burns and Margaret Ann GreenCourt of Appeals for the Fifth Circuit · 1979
- Husten v. United StatesCourt of Appeals for the Eighth Circuit · 1938
- United States v. Herman Prujansky, United States of America v. James Vente, United States of America v. Louis C. BrunoCourt of Appeals for the Sixth Circuit · 1969
- Drew v. United StatesCourt of Appeals for the Second Circuit · 1928
10 more not listed; retrieve them via the Exa API.