Legal Opinion

Belden v. United States

Court of Appeals for the Ninth Circuit

Decided May 26, 1915No. 2517PublishedCited by 14 opinions

Iu Error to the District Court of the United States for the Northern Division of the Eastern District of Washington; Frank H. Rudkin, Judge. Criminal prosecution by the United States against Russell G. Belden and A. Eugene Wayland. Judgment of conviction, and defendants bring error.

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Iu Error to the District Court of the United States for the Northern Division of the Eastern District of Washington; Frank H. Rudkin, Judge. Criminal prosecution by the United States against Russell G. Belden and A. Eugene Wayland. Judgment of conviction, and defendants bring error. The indictment charges Russell 6. Belden and A. Eugene Wayland with having, prior to January 18, 1911, devised, and intending to devise, a scheme and artifice to defraud one John Neiderer, and divers other persons to the grand jury unknown, which said scheme and artifice to defraud was to be effected by the use…

1Opinion of the CourtWolverton, District Judge

(after stating the facts as above). [ 1 ] The first and twenty-first assignments of error challenge the suffi.■ciency of the indictment. The statute under which the indictment is drawn provides that:

“Whoever, having devised or intending to devise any scheme or artifice to defraud, * * * shall, for the purpose of executing such scheme or artifice or attempting so to do, place, or cause to be placed, any letter, postal card,” etc., “in any post office * s- * of the United States, * * * to bo sent or delivered by the post office establishment of the United States, * * _ * shall be fined,” etc.

The…

2Cases cited5 opinions

  1. Fitzpatrick v. United StatesSupreme Court of the United States · 1900
  2. Stokes v. United StatesSupreme Court of the United States · 1895
  3. Wilson v. United StatesCourt of Appeals for the Second Circuit · 1911
  4. Gould v. United StatesCourt of Appeals for the Eighth Circuit · 1913
  5. Marrin v. United StatesCourt of Appeals for the Third Circuit · 1909

3Cited by14 opinions

  1. Cochran v. United StatesCourt of Appeals for the Eighth Circuit · 1930
  2. Preeman v. United StatesCourt of Appeals for the Seventh Circuit · 1917
  3. Coplin v. United StatesCourt of Appeals for the Ninth Circuit · 1937
  4. Tincher v. United StatesCourt of Appeals for the Fourth Circuit · 1926
  5. Robinson v. United StatesCourt of Appeals for the Ninth Circuit · 1929

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