United States v. Staples
District Court, W.D. Michigan
At Law. Defendant was indicted for carrying on, through the mails, various schemes to defraud, in violation of section 5480, Rev. St. The indictment set forth three distinct schemes and offenses.
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At Law. Defendant was indicted for carrying on, through the mails, various schemes to defraud, in violation of section 5480, Rev. St. The indictment set forth three distinct schemes and offenses. The first count charged defendant with advertising in divers newspapers throughout the United States and by means of circulars sent through the mails, that he had for sale a certain high grade of wheat, which he would furnish for a certain price per bushel; that he was sent various sums of money by different persons, but, in accordance with a previously formed intention to defraud every one sending…
1Opinion of the Court
Severens, J.,
(charging jury.) The indictment in this case consists of three counts, charging three separate and distinct offenses; and it is competent, in such a case, for a jury, if they find any of the counts proven beyond a reasonable doubt, to find the accused person guilty upon such count, naming it; and, if they find the respondent to be not guilty upon other counts, to render a verdict accordingly. The verdict must respond to all the issues in the case; and it may happen in any such case that one count may be established by evidence and others not. In such a cáse, the verdict must…
2Cited by5 opinions
- Harrison v. United StatesCourt of Appeals for the Sixth Circuit · 1912
- Deaver v. United StatesCourt of Appeals for the D.C. Circuit · 1946
- United States v. Samuel Rabinowitz, A/K/A Samuel Robbins, Stanford Sikov and Patrick HowardCourt of Appeals for the Sixth Circuit · 1964
- Stern v. United StatesCourt of Appeals for the Second Circuit · 1915
- United States v. WhitmoreDistrict Court, S.D. California · 1951