Legal Opinion

Banta v. United States

Court of Appeals for the Ninth Circuit

Decided May 24, 1926No. 4734PublishedCited by 6 opinions

1Opinion of the Court

GILBERT, Circuit Judge.

This ease presents the single question whether the indictment under which the plaintiffs in error were convicted contains averments sufficient to sustain the judgment. No demurrer or motion was interposed, and no application was made for a bill of particulars. The objection made to the admission of testimony was insufficient to challenge the indictment. Gray v. United States (C. C. A.) 9 F.(2d) 337. The motion made in arrest of judgment could only reach defects in matter of substance. Case v. United States (C. C.A.) 6 F. (2d) 530; Hall v. United States (C. C. A.) 277 F.…

2Cases cited7 opinions

  1. Ledbetter v. United StatesSupreme Court of the United States · 1898
  2. United States v. YuginovichSupreme Court of the United States · 1921
  3. Hall v. United StatesCourt of Appeals for the Eighth Circuit · 1921
  4. Gray v. United StatesCourt of Appeals for the Ninth Circuit · 1925
  5. Goldberger v. United StatesCourt of Appeals for the Third Circuit · 1925

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

3Cited by6 opinions

  1. Harris v. United StatesCourt of Appeals for the Ninth Circuit · 1931
  2. Gibson v. United StatesCourt of Appeals for the Ninth Circuit · 1929
  3. Bell v. United StatesCourt of Appeals for the Fifth Circuit · 1938
  4. Boehm v. United StatesCourt of Appeals for the Eighth Circuit · 1927
  5. Armstrong v. United StatesCourt of Appeals for the Eighth Circuit · 1930

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

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