Legal Opinion

United States v. Bennett

U.S. Circuit Court for the District of Southern New York

Decided December 22, 1879PublishedCited by 6 opinions

[This was an indictment against Prank Bennett. Heard upon motion for a new trial, and in arrest of judgment.]

1Opinion of the Court

BENEDICT. District Judge.

The prisoner was tried upon an indictment containing six counts. The first five counts are framed under section 5431 of the Revised Statutes of the United States, and the sixth under section 5434. Having been convicted he now moves for a new trial and in arrest of judgment.

The main question presented on the motion for a new trial is raised by an exception to the admission in evidence of the counterfeit notes offered to prove the several charges in the indictment, on the ground of variance; first, because each note exhibits what pur*1108ports to be the imprint of the seal…

2Cases cited2 opinions

  1. People Ex Rel. Tweed v. . LiscombNew York Court of Appeals · 1875
  2. Commonwealth v. StevensMassachusetts Supreme Judicial Court · 1804

3Cited by6 opinions

  1. Dillon v. StateWisconsin Supreme Court · 1909
  2. United States v. JonesU.S. Circuit Court for the District of Nevada · 1895
  3. Ex parte PetersU.S. Circuit Court for the District of Western Missouri · 1880
  4. United States ex rel. Simkoff v. MulliganCourt of Appeals for the Second Circuit · 1933
  5. United States v. CapoDistrict Court, D. Puerto Rico · 1917

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