Legal Opinion

Whitaker v. United States

Court of Appeals for the Fifth Circuit

Decided January 25, 1915No. 2713PublishedCited by 1 opinion

In Error to the District Court of the United States for the Southern District of Mississippi; Henry C. Niles, Judge. Charles M. Whitaker was convicted of using the mails in execution of a scheme to defraud, and he brings error.

1Opinion of the Court

MAXEY, District Judge.

The plaintiff in error was indicted, tried, and convicted, under section 215 of the Penal Code (Act March 4, 1909, c. 321, 35 Stat 1130 [Comp. St 1913, § 10385]), of the offense of using the mails in the execution of a scheme to defraud. At a former term of this court a writ of certiorari was ordered, requiring the clerk of the District Court to send up a complete recoro of the proceedings appearing in the court below. In compliance with the order the clerk sent up the record, which discloses, among other matters not necessary to enumerate, the following orders and…

2Cases cited1 opinion

  1. Insurance Co. v. LanierSupreme Court of the United States · 1877

3Cited by1 opinion

  1. Payne v. DaughertyCourt of Appeals for the Eighth Circuit · 1922

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