Legal Opinion

Heike v. United States

Court of Appeals for the Second Circuit

Decided October 10, 1911No. 233PublishedCited by 25 opinions

In Error to the Circuit Court of the United States for the Southern District of New York. Prosecution by the United States against Charles R; Heike and Ernest W. Gebracht. From a judgment (175 Fed. 852) of conviction,, said defendants bring error. This cause comes here upon writ of error to review the judgments of conviction against plaintiffs in error. They were indicted together with Bender-nagel, Walker, Voelker, and Halligan upon an indictment containing six counts.

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In Error to the Circuit Court of the United States for the Southern District of New York. Prosecution by the United States against Charles R; Heike and Ernest W. Gebracht. From a judgment (175 Fed. 852) of conviction,, said defendants bring error. This cause comes here upon writ of error to review the judgments of conviction against plaintiffs in error. They were indicted together with Bender-nagel, Walker, Voelker, and Halligan upon an indictment containing six counts. The first four charged that defendants “did unlawfully and knowingly make and effect and aid in effecting” the entry of…

1Opinion of the CourtLacombe, Circuit Judge

(after stating the facts as above). Ileike filed a special plea in bar, upon which a trial was had and a verdict directed against him by the court. This will be first considered. It will not be necessary to go into the history of the plea nor to enumerate the various motions and exceptions by which it was presented. Suffice it is to say that the point relied upon by him was properly submitted, and the broad question whether upon the facts shown he was entitled to “immunity” under the acts of Congress must be decided.

[1] The Act of February 11, 1893, c. 83, 27 Stat. 443 (U. S. Comp. St. 1901,…

2Cases cited19 opinions

  1. Mattox v. United StatesSupreme Court of the United States · 1895
  2. United States v. BallSupreme Court of the United States · 1896
  3. Williamson v. United StatesSupreme Court of the United States · 1908
  4. Wilson v. United StatesSupreme Court of the United States · 1911
  5. Motes v. United StatesSupreme Court of the United States · 1900

14 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Heike v. United StatesSupreme Court of the United States · 1913
  2. Commonwealth v. SlavskiMassachusetts Supreme Judicial Court · 1923
  3. William L. Babb v. United StatesCourt of Appeals for the Fifth Circuit · 1955
  4. People v. NisonoffNew York Court of Appeals · 1944
  5. Greenbaum v. United StatesCourt of Appeals for the Ninth Circuit · 1935

20 more not listed; retrieve them via the Exa API.

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