Legal Opinion

Van Riper v. United States

Court of Appeals for the Second Circuit

Decided July 27, 1926No. 401-403, 405, 406PublishedCited by 124 opinions

1Opinion of the CourtHand, Circuit Judge

(after stating the facts as above). We can see no reason to say that there were involved in this ease two separate schemes to defraud'. Such a scheme, when shared among several, becomes a conspiracy, so that in fact the conspiracy count adds nothing of substance to the charge, except as it relieves the prosecution of the necessity of showing the connection of all the defendants to be charged at the date of the posting of the letters laid in the indictment. The same rules which govern the trial of conspiracies are therefore applicable to such trials. Hence, if the conspiracy was continuous,…

2Cases cited15 opinions

  1. Logan v. United StatesSupreme Court of the United States · 1892
  2. Hitchman Coal & Coke Co. v. MitchellSupreme Court of the United States · 1916
  3. Durland v. United StatesSupreme Court of the United States · 1896
  4. Knickerbocker Ice Co. v. Gardiner Dairy Co.Court of Appeals of Maryland · 1908
  5. United States v. YoungSupreme Court of the United States · 1914

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3Cited by124 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. United States v. BorelliCourt of Appeals for the Second Circuit · 1964
  3. Weiss v. United StatesCourt of Appeals for the Fifth Circuit · 1941
  4. United States v. Harold McMillanCourt of Appeals for the Eighth Circuit · 1975
  5. United States v. GottfriedCourt of Appeals for the Second Circuit · 1948

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