Linn v. United States
Court of Appeals for the Seventh Circuit
In Error to the District Court of the United States for the Eastern Division of the Northern District of Illinois. Robert Linn was convicted of violating Criminal Code, § 215, by using the mails in connection with a scheme to defraud, and he brings error. The indictment under which plaintiff in error was convicted has three counts.
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In Error to the District Court of the United States for the Eastern Division of the Northern District of Illinois. Robert Linn was convicted of violating Criminal Code, § 215, by using the mails in connection with a scheme to defraud, and he brings error. The indictment under which plaintiff in error was convicted has three counts. The first charges him with devising a scheme or artifice to defraud Bailey, Reynolds, and Brockius, and a large class of other persons desirous of purchasing shares of stock in gold mines; that Linn was president and fiscal agent of the New Comstock Gold Mining…
1Opinion of the CourtAlschuler, Circuit Judge
(after stating the facts as above). [1] On behalf of plaintiff in error, Linn, it is contended that his demurrer to the indictment should have been sustained as to the first count because it is not therein alleged that any of the stock was in fact sold, nor that by and through the fraud and artifice charged any one actually paid anything to Linn, nor that any one was in fact defrauded, nor that Linn thereby realized any profit.
In order to constitute the offense defined by section 215 it is not essential that the alleged fraudulent scheme or artifice met with success, or that gain or advantage…
2Cases cited12 opinions
- United States v. HessSupreme Court of the United States · 1888
- Crain v. United StatesSupreme Court of the United States · 1896
- Blitz v. United StatesSupreme Court of the United States · 1894
- United States v. YoungSupreme Court of the United States · 1914
- Foster v. United StatesCourt of Appeals for the Sixth Circuit · 1910
7 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Cochran v. United StatesCourt of Appeals for the Eighth Circuit · 1930
- Chew v. United StatesCourt of Appeals for the Eighth Circuit · 1925
- United States v. Jack Lang, Walter Soots, Ralph Smith and Rick CorderCourt of Appeals for the Seventh Circuit · 1981
- United States v. Finley McAdoo PainterCourt of Appeals for the Fourth Circuit · 1963
- Harry S. Getchell, Hollis Rinehart, William F. Powers and Francis E. Getchell v. United StatesCourt of Appeals for the Fifth Circuit · 1960
26 more not listed; retrieve them via the Exa API.