Legal Opinion

Wilson v. United States

Court of Appeals for the Second Circuit

Decided August 20, 1911No. 295PublishedCited by 55 opinions

In Error to the Circuit Court of the United States for the Southern District of New York. Christopher C. Wilson and others were convicted of using the mails to effect a scheme to defraud, and they bring error. Writ of error to review a judgment of the Circuit Court, Southern District of New York, taken by the defendants, Christopher C. Wilson, William W. Tompkins and Francis X. Butler.

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In Error to the Circuit Court of the United States for the Southern District of New York. Christopher C. Wilson and others were convicted of using the mails to effect a scheme to defraud, and they bring error. Writ of error to review a judgment of the Circuit Court, Southern District of New York, taken by the defendants, Christopher C. Wilson, William W. Tompkins and Francis X. Butler. Said defendants, together with William A. Diboll and George H. Parker, were convicted under an indictment charging them, in the first three counts, with using the mails to effect a scheme previously devised by…

1Opinion of the CourtNoyes, Circuit Judge

(after stating the facts as above). The most material questions presented by the assignments of error are these:(1) Whether the first three counts of the indictment are based upon a statute in force when the alleged offenses were committed;(2) Whether the first three counts set forth the scheme or artifice in question otherwise than by way of recital;(3) Whether the averments in these counts limit the charge to using the mails to -obtain money by false pretenses;(4) Whether it was necessary for the government to show damage to persons buying the stocks;(5) Whether the selling of the personal…

2Cases cited5 opinions

  1. Durland v. United StatesSupreme Court of the United States · 1896
  2. United States v. KisselSupreme Court of the United States · 1910
  3. Horn v. United StatesCourt of Appeals for the Eighth Circuit · 1910
  4. Kellogg v. United StatesCourt of Appeals for the Second Circuit · 1903
  5. Miller v. United StatesCourt of Appeals for the Seventh Circuit · 1909

3Cited by55 opinions

  1. State v. HayesSupreme Court of Connecticut · 1941
  2. United States v. Regent Office Supply Co., Inc., and Oxford Office Systems, Inc.Court of Appeals for the Second Circuit · 1970
  3. United States v. RoweCourt of Appeals for the Second Circuit · 1932
  4. Harrison v. United StatesCourt of Appeals for the Sixth Circuit · 1912
  5. United States v. GrahamCourt of Appeals for the Second Circuit · 1939

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