Holsman v. United States
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Southern Division of the Southern District of California; Oscar A. Trippet, Judge. Charles K. Holsman and Gideon M. Freeman were convicted of conspiracy to commit an offense against the United States, by devising and intending to devise a scheme and artifice to defraud to be accomplished by use of the mails, and they bring error.
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In Error to the District Court of the United States for the Southern Division of the Southern District of California; Oscar A. Trippet, Judge. Charles K. Holsman and Gideon M. Freeman were convicted of conspiracy to commit an offense against the United States, by devising and intending to devise a scheme and artifice to defraud to be accomplished by use of the mails, and they bring error. The plaintiffs in error, with others, were indicted, charged with conspiracy to commit an offense against the United States, namely, the offense of devising and intending to devise a scheme and artifice to…
1Opinion of the CourtWorverton, District Judge
(after stating the facts as above). [1] A demurrer to the indictment was overruled, and the action of the court in that respect is assigned as error. The specific reason advanced, challenging the sufficiency of the indictment, is that it in no way alleges fraudulent intent on the part of the defendants in doing what they are charged wilh doing.
The offense with which the defendants are charged is conspiracy to commit another offense denounced by Congress, namely, devising or intending to devise a scheme to defraud. The indictment does plainly charge that the defendants did knowingly and…
2Cases cited6 opinions
- Grimm v. United StatesSupreme Court of the United States · 1895
- Woo Wai v. United StatesCourt of Appeals for the Ninth Circuit · 1915
- Goode v. United StatesSupreme Court of the United States · 1895
- Yick v. United StatesCourt of Appeals for the Ninth Circuit · 1917
- Van Gesner v. United StatesCourt of Appeals for the Ninth Circuit · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Hartzell v. United StatesCourt of Appeals for the Eighth Circuit · 1934
- Rumely v. United StatesCourt of Appeals for the Second Circuit · 1923
- Wheatley v. United StatesCourt of Appeals for the Fourth Circuit · 1946
- Chow Bing Kew v. United StatesCourt of Appeals for the Ninth Circuit · 1957
- Peterson v. United StatesCourt of Appeals for the Ninth Circuit · 1919
13 more not listed; retrieve them via the Exa API.