Legal Opinion

Bettman v. United States

Court of Appeals for the Sixth Circuit

Decided July 20, 1915No. 2740PublishedCited by 50 opinions

In Error to the District Court of the United States for the Southern District of. Ohio; Howard C. Hollister, Judge. Morris U. Bettman was convicted of using the mails to promote a scheme and artifice to defraud and obtain money by false pretenses, and he brings error.

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In Error to the District Court of the United States for the Southern District of. Ohio; Howard C. Hollister, Judge. Morris U. Bettman was convicted of using the mails to promote a scheme and artifice to defraud and obtain money by false pretenses, and he brings error. Plaintiff in error was indicted upon two counts, under section 215 of the Criminal Code of the United States, for using the mails to promote a scheme and artifice to defraud and to obtain money and property by means of false and fraudulent pretenses, representations, and promises. There was conviction under both counts, and…

1Opinion of the CourtKnappen, Circuit Judge

[1] (after stating the facts as above). 1. Reversal of the judgment below is asked on several grounds; The first ground is that the facts stated in the indictment do not constitute a “scheme or artifice" within the meaning of section 215 of the Criminal Code, the material portions of which are copied in the margin.1

*823Defendant’s contention, broadly stated, seems to be that the statute does not apply to the act of oiic engaged generally in a legitimate business otherwise legitimately conducted, but who for the purpose of obtaining money, property or financial credit makes a knowingly false…

2Cases cited26 opinions

  1. Boyd v. United StatesSupreme Court of the United States · 1886
  2. Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
  3. Durland v. United StatesSupreme Court of the United States · 1896
  4. United States v. HessSupreme Court of the United States · 1888
  5. United States v. YoungSupreme Court of the United States · 1914

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

3Cited by50 opinions

  1. United States v. Theodore J. Isaacs and Otto Kerner, Jr.Court of Appeals for the Seventh Circuit · 1974
  2. Fuller v. StateSupreme Court of Alabama · 1959
  3. Preeman v. United StatesCourt of Appeals for the Seventh Circuit · 1917
  4. Robilio v. United StatesCourt of Appeals for the Sixth Circuit · 1923
  5. Chew v. United StatesCourt of Appeals for the Eighth Circuit · 1925

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

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