Marshall v. United States
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States . .for thé Southern District of New York. Criminal prosecution by the United States against A. Gero Marshall. Judgment of conviction, and defendant brings error. On writ of error to the Circuit Court for the Southern District of New York to review a judgment of conviction entered upon the verdict of a jury finding the defendant guilty under section 5480 of the TJ. S. Revised Statutes (U. S. Comp.
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In Error to the Circuit Court of the United States . .for thé Southern District of New York. Criminal prosecution by the United States against A. Gero Marshall. Judgment of conviction, and defendant brings error. On writ of error to the Circuit Court for the Southern District of New York to review a judgment of conviction entered upon the verdict of a jury finding the defendant guilty under section 5480 of the TJ. S. Revised Statutes (U. S. Comp. St. 1901, p. 3696). He was sentenced to 'be imprisoned for a term of one year and to pay a fine of $500. The parties will be referred to hereinafter…
1Opinion of the Court
COXE, Circuit Judge.
Two indictments were found against the defendant under section 5480 of the Revised Statutes, as amended by the Act of March 2, 1889, c. 393, 25 Stat. 873 (U. S. Comp. St. 1901, p. 3696), for having devised a scheme to defraud, and using the United States mail in furtherance thereof.
These indictments were consolidated under section 1024 of the Revised Statutes (U. S. Comp. St. 1901, p. 720).' :The defendant was found' guilty under the second- and third counts of each indictment. The second count of the first indictment charges the defendant with having devised a scheme to…
2Cases cited2 opinions
- Colt v. United StatesCourt of Appeals for the Eighth Circuit · 1911
- Booth v. United StatesCourt of Appeals for the Second Circuit · 1907
3Cited by39 opinions
- Clyde L. Schaffer and James H. Devenny v. United StatesCourt of Appeals for the Fifth Circuit · 1955
- Kempe v. United StatesCourt of Appeals for the Eighth Circuit · 1945
- Coulston v. United StatesCourt of Appeals for the Tenth Circuit · 1931
- United States v. WalkerCourt of Appeals for the Second Circuit · 1949
- John Milton Phillips, Jr., Jack Cecil Cherbo and Richard Dale Walker v. United StatesCourt of Appeals for the Ninth Circuit · 1966
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