Legal Opinion

Pandolfo v. United States

Court of Appeals for the Seventh Circuit

Decided August 21, 1922No. 2787PublishedCited by 29 opinions

In Error to the District Court of the United States for the Eastern Division of the Northern District of Illinois. Samuel C. Pandolfo was convicted of using the mails in furtherance of a scheme to defraud, and he brings error. Affirmed. Plaintiff in error, Pandolfo, with 12 others, was tried under an indictment of 11 counts, the first 10 charging violation of section 215 of the Penal Code (Comp. St. § 10385),* and the eleventh a conspiracy under section 31 (Comp.

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In Error to the District Court of the United States for the Eastern Division of the Northern District of Illinois. Samuel C. Pandolfo was convicted of using the mails in furtherance of a scheme to defraud, and he brings error. Affirmed. Plaintiff in error, Pandolfo, with 12 others, was tried under an indictment of 11 counts, the first 10 charging violation of section 215 of the Penal Code (Comp. St. § 10385),* and the eleventh a conspiracy under section 31 (Comp. St. § 10201), to violate section 215. Count 1 charged that the defendants devised a scheme to obtain money by means of false and…

1Opinion of the CourtAlschuler, Circuit Judge

(after stating the facts as above). The propositions relied on in briefs and arguments as ground for reversal are: (1) There was no evidence to sustain the counts; (2) the evidence for the government was based upon the conspiracy count alone; (3) there is fatal variance between the scheme as charged in the indictment and the evidence adduced for the government; (4) there was error in denying defendants the right to show to the jury moving pictures of the plant, and .in the comments of the "court on making / his ruling thereon; (5) the court erred in admitting in evidence representations to…

2Cases cited6 opinions

  1. Harrison v. United StatesCourt of Appeals for the Sixth Circuit · 1912
  2. Preeman v. United StatesCourt of Appeals for the Seventh Circuit · 1917
  3. Foster v. United StatesCourt of Appeals for the Sixth Circuit · 1910
  4. Linn v. United StatesCourt of Appeals for the Seventh Circuit · 1916
  5. Whitehead v. United StatesCourt of Appeals for the Fifth Circuit · 1917

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

3Cited by29 opinions

  1. People v. DabbCalifornia Supreme Court · 1948
  2. Baker v. United StatesCourt of Appeals for the Eighth Circuit · 1940
  3. United States v. SylvanusCourt of Appeals for the Seventh Circuit · 1951
  4. Chew v. United StatesCourt of Appeals for the Eighth Circuit · 1925
  5. Butler v. United StatesCourt of Appeals for the Tenth Circuit · 1931

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

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