Legal Opinion

Smith v. United States

Court of Appeals for the Eighth Circuit

Decided September 26, 1913No. 3,911PublishedCited by 3 opinions

In Error to the District Court of the United Slates for the Southern District of Iowa; Smith McPherson, Judge. John N. Smith was convicted of using the mails to defraud, and brings error.

1Opinion of the Court

SANBORN, Circuit Judge.

The defendant below was indicted in September, 1911, for devising a scheme to defraud by the use of the mails, and mailing a letter in execution of this scheme, in the year 1908. In 1908 this was an offense under section 5480 of the Revised Statutes as amended by Act March 2, 1889, c. 393, 25 Stat. 873 (U. S. Comp. St. 1901, p. 3697). That section was repealed; it was pro*132vided that offenses committed under it prior to January 1, 1910, might be prosecuted and punished in the same manner and with the same effect as if it had not been repealed, and section 215 of the…

2Cases cited5 opinions

  1. Stokes v. United StatesSupreme Court of the United States · 1895
  2. Brown v. United StatesCourt of Appeals for the Eighth Circuit · 1906
  3. Rumble v. United StatesCourt of Appeals for the Ninth Circuit · 1906
  4. Erbaugh v. United StatesCourt of Appeals for the Eighth Circuit · 1909
  5. Ewing v. United StatesCourt of Appeals for the Ninth Circuit · 1905

3Cited by3 opinions

  1. United States v. De AngeloCourt of Appeals for the Third Circuit · 1943
  2. Sandals v. United StatesCourt of Appeals for the Sixth Circuit · 1914
  3. Gammon v. United StatesCourt of Appeals for the Eighth Circuit · 1926

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