Emanuel v. United States
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York. George W. Emanuel was convicted! of conspiracy to defraud by use of the post office establishment, and he brings error. This cause comes here upon appeal from a judgment of 'the Circuit Court, Southern District of New York, which found plaintiff in error guilty as charged In two indictments out of a number upon which he was tried. Plaintiff in error was one of three defendants below.
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In Error to the Circuit Court of the United States for the Southern District of New York. George W. Emanuel was convicted! of conspiracy to defraud by use of the post office establishment, and he brings error. This cause comes here upon appeal from a judgment of 'the Circuit Court, Southern District of New York, which found plaintiff in error guilty as charged In two indictments out of a number upon which he was tried. Plaintiff in error was one of three defendants below. One of these, Thomas, was acquitted and the other, Larabee, was convicted upon three indictments. All these indictments…
1Per curiam
[ 1 ] The conspiracy indictment contained a single count. One of the other five was disposed of without submission to the jury. The other four contained ten counts of which two were nolled. Section 5480 contains the words “the indictment, information, or complaint may severally charge offenses to the number of three when committed within the same six calendar months.” The conspiracy indictments were consolidated, and, when consolidated, the offenses charged were more than three in number, and the time of *320their commission was longer than six calendar months.' The court ordered the six…
2Cases cited5 opinions
- Pointer v. United StatesSupreme Court of the United States · 1894
- Durland v. United StatesSupreme Court of the United States · 1896
- Radford v. United StatesCourt of Appeals for the Second Circuit · 1904
- Betts v. United StatesCourt of Appeals for the First Circuit · 1904
- Booth v. United StatesCourt of Appeals for the Second Circuit · 1907
3Cited by14 opinions
- Kelly v. United StatesCourt of Appeals for the Sixth Circuit · 1919
- Preeman v. United StatesCourt of Appeals for the Seventh Circuit · 1917
- Davis v. United StatesCourt of Appeals for the Fifth Circuit · 1926
- United States v. CorriganCourt of Appeals for the Second Circuit · 1948
- Schwartzberg v. United StatesCourt of Appeals for the Second Circuit · 1917
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