Rosenthal v. United States
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the Eastern District of Missouri; David P. Dyer, Judge. Joseph Rosenthal was convicted of false swearing in bankruptcy, and he brings error.
1Opinion of the Court
TRIEBER, District Judge.
[1] The defendant, plaintiff in error, was indicted in two counts for false swearing, in a proceeding in bankruptcy, before the referee in bankruptcy. Each of the counts is for the same alleged offense; one count being evidently drawn under section 29b(2) of the Bankruptcy Act, and the other under section 125 of the Penal Coder There can only be one prosecution and conviction for one offense, and Congress undoubtedly was of the ppinion that false swearing in bankruptcy proceedings is not equal in enormity to the crime of perjury, as the punishment for false swearing in…
2Cases cited4 opinions
- Wechsler v. United StatesCourt of Appeals for the Second Circuit · 1907
- Commonwealth v. JeffsMassachusetts Supreme Judicial Court · 1882
- Ulmer v. United StatesCourt of Appeals for the Sixth Circuit · 1915
- Kahn v. United StatesCourt of Appeals for the Second Circuit · 1914
3Cited by23 opinions
- United States v. Socony-Vacuum Oil Co.Supreme Court of the United States · 1940
- Di Carlo v. United StatesCourt of Appeals for the Second Circuit · 1925
- United States v. Theodore D. MorlangCourt of Appeals for the Fourth Circuit · 1975
- United States v. Billy Edward Davis, Sr., and Dennis Bates FletcherCourt of Appeals for the Fifth Circuit · 1974
- London Guarantee & Accident Co. v. WoelfleCourt of Appeals for the Eighth Circuit · 1936
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