Legal Opinion
United States v. Moore
District Court, S.D. New York
Decided October 27, 1920PublishedCited by 2 opinions
Criminal prosecution by the United States against Walter Moore and others. On demurrer to indictment.
1Opinion of the Court
MAYER, District Judge.
The indictment contains two counts; the first charging conspiracy from January 1, 1917, to restrain, and the second charging conspiracy- to monopolize, trade and commerce, contrary to the so-called Sherman Anti-Trust Law (26 Stat. 209).
The second count is entirely devoid of merit, and fails upon any theory, to set forth facts sufficient to constitute a crime. It was disposed of on the argument and further reference to that count is unnecessary.
The first count of the indictment, when stripped of formal allegations and allegations, immaterial to the basic questions to be…
2Cases cited5 opinions
- Hopkins v. United StatesSupreme Court of the United States · 1898
- Engel v. O'MALLEYSupreme Court of the United States · 1911
- McCall v. CaliforniaSupreme Court of the United States · 1890
- Blumenstock Bros. Advertising Agency v. Curtis Publishing Co.Supreme Court of the United States · 1920
- Sullivan v. Associated Billposters & Distributors of United StatesDistrict Court, S.D. New York · 1919
3Cited by2 opinions
- United States v. Sugar Institute, Inc.District Court, S.D. New York · 1934
- Vital v. KerrCourt of Appeals for the Second Circuit · 1924