Legal Opinion
United States v. Louis Goldstein, and Selma Goldstein
Court of Appeals for the Third Circuit
Decided August 6, 1974No. 73-1923PublishedCited by 58 opinions
1Opinion of the Court
OPINION OF THE COURT
WEIS, Circuit Judge.
Whether an indictment for a misdemeanor may be amended to correct a material variation between allegata and probata is a question of first impression in this circuit. In a thoughtful opinion the district court held that an amendment was permissible, but after careful consideration, we feel obliged to come to a contrary conclusion, and we therefore reverse.
The defendant, Louis Goldstein, was indicted by a grand jury on three counts. Counts I and III charged that defendant filed false returns for the years 1964 and 1966 in violation of 26 U.S.C. §…
2Cases cited13 opinions
- Stirone v. United StatesSupreme Court of the United States · 1960
- Russell v. United StatesSupreme Court of the United States · 1962
- Ex Parte BainSupreme Court of the United States · 1887
- United States v. BishopSupreme Court of the United States · 1973
- Ledbetter v. United StatesSupreme Court of the United States · 1898
8 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Thomas Koontz, Cross v. Richard Glossa and William J. Brown, CrossCourt of Appeals for the Sixth Circuit · 1984
- United States v. Daniel J. LeichtnamCourt of Appeals for the Seventh Circuit · 1991
- United States v. Nunzio Provenzano, in 81-2411. Appeal of Irving Cotler, in 81-2412Court of Appeals for the Third Circuit · 1982
- United States v. MalatestaCourt of Appeals for the Fifth Circuit · 1978
- United States v. Ransom F. Shoup, IICourt of Appeals for the Third Circuit · 1979
53 more not listed; retrieve them via the Exa API.