Fraina v. United States
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Eouis C. Fraina and Edward Ralph Cheyney were convicted of conspiring to commit an offense against the United States by aiding and abetting, etc., unknown persons unlawfully to evade the requirements of the Selective Service Act, and they bring error. The indictment in two counts rests upon sections 37 and 332 of the Criminal Code (Act March 4. 1909, c. 321, 35 Stat. 1090, 1152 [Comp.
Read the full summary
In Error to the District Court of the United States for the Southern District of New York. Eouis C. Fraina and Edward Ralph Cheyney were convicted of conspiring to commit an offense against the United States by aiding and abetting, etc., unknown persons unlawfully to evade the requirements of the Selective Service Act, and they bring error. The indictment in two counts rests upon sections 37 and 332 of the Criminal Code (Act March 4. 1909, c. 321, 35 Stat. 1090, 1152 [Comp. St. §§ 10201, 105001) and section 6 of the Selective Service Art of May 18, 1917, c. 15, 40 Stat. 80 (Comp. St. 1918, §…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). This record presents several most substantial defects in practice:
[1] 1. There is no bill of exceptions. Both parties have agreed to call what is probably a transcript of the stenographer’s minutes by that name; but giving it the requisite name does not m'ake it the lawful thing. The consent was worthless, and it is of grace only that we consider the points argued. On this matter we spoke plainly in Linn v. United States, 251 Fed. 476, - C. C. A. -.
[2, 3] 2. The record is also incumbered with what are called “Additional and Supplemental Assignments of…
2Cases cited17 opinions
- Reynolds v. United StatesSupreme Court of the United States · 1879
- Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
- Watson v. JonesSupreme Court of the United States · 1872
- Hyde v. United StatesSupreme Court of the United States · 1912
- Sparf v. United StatesSupreme Court of the United States · 1895
12 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- United States v. SpockCourt of Appeals for the First Circuit · 1969
- William Dennis Riggs v. United StatesCourt of Appeals for the Fifth Circuit · 1960
- United States v. FeinbergCourt of Appeals for the Second Circuit · 1944
- Rosen v. United StatesCourt of Appeals for the Second Circuit · 1920
- Keegan v. United StatesSupreme Court of the United States · 1945
23 more not listed; retrieve them via the Exa API.