Myers v. United States
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Defendants were tried under two indictments. The first contained 8 counts.
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In Error to the District Court of the United States for the Southern District of New York. Defendants were tried under two indictments. The first contained 8 counts. Of these the first charged that on, February 1, 1905, and continuously and at all times until December 29, 1909, defendants engaged in a conspiracy to defraud divers persons by inducing them- to deposit money for the purpose of purchasing treasury stock of a certain specified mining corporation upon certain representations, among others, that the money so- deposited would, except for a small commission, be used in conducting the…
1Opinion of the Court
LACOMBE, Circuit Judge.
[1] The record is inordinately long; there are four volumes of testimony; the trial lasted seven weeks; there are hundreds of exhibits. It is a most unfortunate practice to multiply counts, to marshal large numbers of defrauded persons, and to give testimony as to scores of “similar offenses to show intent,” when, as will be seen from subsequent reference to the testimony, guilt in act and in intent is readily provable by documents about whose issue or signature by defendants there can be no doubt. In this connection we may state that we find no error in showing the…
2Cases cited1 opinion
- Wilson v. United StatesCourt of Appeals for the Second Circuit · 1911
3Cited by10 opinions
- Silkworth v. United StatesCourt of Appeals for the Second Circuit · 1926
- Mathews v. United StatesCourt of Appeals for the Eighth Circuit · 1926
- Landay v. United StatesCourt of Appeals for the Sixth Circuit · 1939
- United States v. BrownCourt of Appeals for the Second Circuit · 1935
- Roger S. Bandy v. United StatesCourt of Appeals for the Eighth Circuit · 1961
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