Youtsey v. United States
Court of Appeals for the Sixth Circuit
In Error to the 'Circuit Court of the United States for the District of Kentucky. The plaintiff in error, Thomas B. Youtsey, cashier of the First National Bank of Newport, Ky., was indicted for violation of section 5209 of the Revised Statutes of the United States. The indictment embraced 27 counts. He was convicted upon the first 25 counts, and acquitted, by direction of the court, upon the twenty-sixth and twenty-seventh counts.
Read the full summary
In Error to the 'Circuit Court of the United States for the District of Kentucky. The plaintiff in error, Thomas B. Youtsey, cashier of the First National Bank of Newport, Ky., was indicted for violation of section 5209 of the Revised Statutes of the United States. The indictment embraced 27 counts. He was convicted upon the first 25 counts, and acquitted, by direction of the court, upon the twenty-sixth and twenty-seventh counts. Eighteen of the counts upon which he was convicted embraced but three distinct transactions, charged in different ways, and were for the embezzlement or willful…
1Opinion of the CourtLurton, Circuit Judge
The primal question which confronts the court arises upon the objection interposed by counsel for the plaintiff in error to a trial of the *940accused on account of Ms then nonsane mind and memory. The application was nominally for continuance, and the record entry simply shows that a continuance was refused. “The action of a trial court upon an application for a continuance is purely a matter of discretion, and not subject to review by this court unless it be clearly shown that such discretion has been abused.” Isaacs v. U. S., 159 U. S. 487, 16 Sup. Ct. 51. So far as this application and motion…
2Cases cited15 opinions
- Clyde Mattox v. United StatesSupreme Court of the United States · 1892
- Isaacs v. United StatesSupreme Court of the United States · 1895
- Felton v. SpiroCourt of Appeals for the Sixth Circuit · 1897
- Freeman v. PeopleNew York Supreme Court · 1847
- Nobles v. GeorgiaSupreme Court of the United States · 1897
10 more not listed; retrieve them via the Exa API.
3Cited by66 opinions
- Drope v. MissouriSupreme Court of the United States · 1975
- Godinez v. MoranSupreme Court of the United States · 1993
- Robert v. Bruce v. W. J. Estelle, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1973
- Townsend v. StateCourt of Criminal Appeals of Texas · 1968
- Commonwealth Ex Rel. Smith v. AsheSupreme Court of Pennsylvania · 1950
61 more not listed; retrieve them via the Exa API.