Whitworth v. United States
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the East** eru District of Missouri. This writ of error challenges the judgment and sentence of the plaintUS in error upon an indictment found in the district court for the Eastern district of Missouri on November 9, 1800. The indictment contained two counts.
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In Error to the District Court of the United States for the East** eru District of Missouri. This writ of error challenges the judgment and sentence of the plaintUS in error upon an indictment found in the district court for the Eastern district of Missouri on November 9, 1800. The indictment contained two counts. The first charged the embezzlement of $23(5.06 of the money-order funds of the United States, under section 4046 of the Revised Statutes, and the second charged the embezzlement of $16.96, under Act March 3, 1875 (18 Stat, 479, e. 144). The defendant, Whitworth, pleaded not guilty,…
1Opinion of the CourtSanborn, Circuit Judge
The motion to set aside the judgment and to permit the defendant to withdraw his plea of guilty because he had been induced to enter it by the promise of the inspector that he should not suffer a severe sentence was supported and opposed by affidavits. It was properly presented to the district court at the same term at which the judgment was rendered. It was in the nature of the old writ of error coram nobis to correct a mistake of fact, and the trial court had jurisdiction to hear and determine it. But its decision of this motion is not reviewable in this court for two reasons. In the first…
2Cases cited15 opinions
- In Re BonnerSupreme Court of the United States · 1894
- Murphy v. MassachusettsSupreme Court of the United States · 1900
- United States v. MillsSupreme Court of the United States · 1833
- Ballew v. United StatesSupreme Court of the United States · 1895
- Martin Pickett's Heirs v. LegerwoodSupreme Court of the United States · 1833
10 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Bryan v. United StatesSupreme Court of the United States · 1950
- Spirou v. United StatesCourt of Appeals for the Second Circuit · 1928
- Oates v. United StatesCourt of Appeals for the Fourth Circuit · 1916
- Kitt v. United StatesCourt of Appeals for the Fourth Circuit · 1943
- Chicago, R. I. & P. Ry. Co. v. StephensCourt of Appeals for the Sixth Circuit · 1914
8 more not listed; retrieve them via the Exa API.