Legal Opinion
United States v. Klock
Court of Appeals for the Second Circuit
Decided January 25, 1954No. 22474_1PublishedCited by 33 opinions
1Opinion of the Court
FRANK, Circuit Judge.
1. Sufficiency of the evidence.
We have examined the record carefully and think there was ample evidence to support the verdict. Lack of knowledge or consent by the bank is not an element of the crime; Mulloney v. United States, 1 Cir., 79 F.2d 566, 581. Since the allegation in the indictment of such lack of knowledge and consent was therefore surplusage, there was no need for the government to prove those facts. Glover v. United- States, 5 Cir., 125 F.2d 291.
2. Alleged illegal composition of the grand jury and the petit jury.
This objection was not made until after the…
2Cases cited12 opinions
- Pinkerton v. United StatesSupreme Court of the United States · 1946
- Nye & Nissen v. United StatesSupreme Court of the United States · 1949
- Heike v. United StatesSupreme Court of the United States · 1913
- Mulloney v. United StatesCourt of Appeals for the First Circuit · 1935
- Gomila v. United StatesCourt of Appeals for the Fifth Circuit · 1944
7 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Shotwell Manufacturing Co. v. United StatesSupreme Court of the United States · 1963
- United States v. Rex C. Cauble, Individually and Doing Business as Cauble EnterprisesCourt of Appeals for the Fifth Circuit · 1983
- United States v. Edwin Duncan, Jr.Court of Appeals for the Fourth Circuit · 1979
- Armando A. Miranda v. United StatesCourt of Appeals for the First Circuit · 1958
- United States v. Robert A. Mann and Bank of the Southwest, National AssociationCourt of Appeals for the Fifth Circuit · 1975
28 more not listed; retrieve them via the Exa API.