Legal Opinion
Smiley v. United States
Court of Appeals for the Ninth Circuit
Decided January 19, 1951No. 12375_1PublishedCited by 8 opinions
1Opinion of the Court
ORR, Circuit Judge.
This court has rarely, if ever, been asked to entertain a proceeding of this character. We do not wish to be understood as giving it our stamp of approval as a regular practice because such a practice would be sanctioning one more step in the almost interminable delays which attend some criminal proceedings. Because of the contention that the crime charged in the indictment was separate and distinct from that upon which appellant was tried and convicted and that appellant was not aware of the variance until a very late date, we deem it expedient to entertain the…
2Cases cited7 opinions
- Berger v. United StatesSupreme Court of the United States · 1935
- Ex Parte HullSupreme Court of the United States · 1941
- United States v. RagenSupreme Court of the United States · 1942
- Washington & Georgetown Railroad v. HickeySupreme Court of the United States · 1897
- Bennett v. United StatesSupreme Court of the United States · 1913
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- United States v. Frank Roosevelt HaskinsCourt of Appeals for the Sixth Circuit · 1965
- Ernest 'Duke' Arnold v. United StatesCourt of Appeals for the Ninth Circuit · 1964
- Ronald Ralph Pependrea v. United StatesCourt of Appeals for the Ninth Circuit · 1960
- Goldbaum v. United StatesCourt of Appeals for the Ninth Circuit · 1953
- Albert Gus Hodges v. United StatesCourt of Appeals for the Fifth Circuit · 1955
3 more not listed; retrieve them via the Exa API.