Rosenfeld v. United States
Court of Appeals for the Seventh Circuit
In Error to the District Court of the United States for the Eastern Division of the Northern District of Illinois; Kenesaw M. Dandis, Judge. _ _ Criminal prosecution by the United States against Hyman Rosen-feld. Judgment of conviction, and defendant brings error. The indictment herein contained eight counts charging violations of several sections of the Bevised Statutes of 'the United States, having reference to the handling of distilled spirits.
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In Error to the District Court of the United States for the Eastern Division of the Northern District of Illinois; Kenesaw M. Dandis, Judge. _ _ Criminal prosecution by the United States against Hyman Rosen-feld. Judgment of conviction, and defendant brings error. The indictment herein contained eight counts charging violations of several sections of the Bevised Statutes of 'the United States, having reference to the handling of distilled spirits. Defendant went to trial on the plea of not guilty. At the close of all the evidence defendant moved the court to instruct the jury to exclude the…
1Opinion of the CourtKohrsaat, Circuit Judge
(after stating the facts as above). The motion in arrest of judgment is based upon the contention that counts 4 and 8 of the indictment in question do not state an offense against the United States; that no> offense against the statute is stated with certainty; that count 8 fails tó charge that the act complained of was done with intent to- defraud the United States, and contains no sufficient allegation that the tax had not in fact been paid when the acts charged to constitute the offense took place.
[1] Count 4 charges the violation of. that clause of section 3296 wherein it is made a…
2Cases cited11 opinions
- Cochran & Sayre v. United StatesSupreme Court of the United States · 1895
- United States v. SimmonsSupreme Court of the United States · 1878
- United States v. BrittonSupreme Court of the United States · 1883
- Bines v. StateSupreme Court of Georgia · 1903
- Flower v. United StatesCourt of Appeals for the Fifth Circuit · 1902
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Forte v. United StatesCourt of Appeals for the D.C. Circuit · 1937
- Daeche v. United StatesCourt of Appeals for the Second Circuit · 1918
- Jordan v. United StatesCourt of Appeals for the Fourth Circuit · 1932
- Mangum v. United StatesCourt of Appeals for the Ninth Circuit · 1923
- Pearlman v. United StatesCourt of Appeals for the Ninth Circuit · 1926
9 more not listed; retrieve them via the Exa API.