Legal Opinion

Mitchell v. United States

Court of Appeals for the Second Circuit

Decided January 11, 1916No. 58PublishedCited by 7 opinions

In Error to the District Court of the United States for the Southern District of New York. William E. Mitchell was convicted of an offense, and he brings error. This cause comes here upon writ of error to review a judgment of conviction, entered in the District Court, Southern District of New York..

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In Error to the District Court of the United States for the Southern District of New York. William E. Mitchell was convicted of an offense, and he brings error. This cause comes here upon writ of error to review a judgment of conviction, entered in the District Court, Southern District of New York.. William E. Mitchell (the sole plaintiff in error) and Peter J. Shannon were convicted, under section 37, United States Criminal Code (Act March 4, 1909, c. 32E 35 Staff 1096 [U. S. Comp. St. 1913, § 10201]), of a conspiracy to commit an offense against the Rood and Drugs Act, in that they…

1Opinion of the Court

LACOMBE, Circuit Judge.

Shannon was a coffee broker doing business as Peter J. Shannon & Co.; William Mitchell was a partner with his brother George, under the firm name of Mitchell Bros., as importers and jobbers of tea and coffee. George attended to the tea side of the business; William to the coffee side.

[1] There are five assignments of error. The first three present in one form or another the proposition that there was not evidence sufficient to send the cause to the jury. The" fifth refers to the exclusion of certain testimony; as it was not argued orally or on the brief, it need not be…

2Cases cited5 opinions

  1. Williamson v. United StatesSupreme Court of the United States · 1908
  2. Wood v. United StatesSupreme Court of the United States · 1842
  3. Holmes v. GoldsmithSupreme Court of the United States · 1893
  4. Farmer v. United StatesCourt of Appeals for the Second Circuit · 1915
  5. Stern v. United StatesCourt of Appeals for the Second Circuit · 1915

3Cited by7 opinions

  1. Silkworth v. United StatesCourt of Appeals for the Second Circuit · 1926
  2. United States v. HeitlerDistrict Court, N.D. Illinois · 1921
  3. Kanner v. United StatesCourt of Appeals for the Second Circuit · 1927
  4. Murry v. United StatesCourt of Appeals for the Eighth Circuit · 1922
  5. York v. United StatesCourt of Appeals for the Ninth Circuit · 1916

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