Legal Opinion

United States v. Comstock

District Court, D. Rhode Island

Decided May 11, 1908No. 2,622PublishedCited by 7 opinions

On Demurrer to Indictment. .

1Opinion of the Court

.BROWN, District Judge.

The bankruptcy act (Act July 1, 1898, c. 541, 30 Stat. 554 [U. S. Comp. St. 1901, p. 3433]) in section 29a refers to the offense of having “knowingly and fraudulently (1) concealed while a bankrupt, or after his discharge, from his trustee, any of the property belonging to his estate in bankruptcy.”

The indictment uses the words “unlawfully, knowingly and fraudulently” to characterize the word “conceal.” Upon demurrer, it is contended that no wrongful intent is sufficiently charged by these words. The terms of the statute, however, are themselves inconsistent with an…

2Cases cited7 opinions

  1. United States v. CruikshankSupreme Court of the United States · 1876
  2. Pettibone v. United StatesSupreme Court of the United States · 1893
  3. United States v. CarllSupreme Court of the United States · 1882
  4. United States v. HessSupreme Court of the United States · 1888
  5. Evans v. United StatesSupreme Court of the United States · 1894

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Muller v. Kirschbaum Co.Supreme Court of Pennsylvania · 1929
  2. Greenbaum v. United StatesCourt of Appeals for the Sixth Circuit · 1922
  3. United States v. Jon D. IversCourt of Appeals for the Eighth Circuit · 1975
  4. United States v. RhodesDistrict Court, S.D. Alabama · 1913
  5. Paszkiewicz v. United StatesCourt of Appeals for the Seventh Circuit · 1924

2 more not listed; retrieve them via the Exa API.

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