Legal Opinion

Sherwin v. United States

Court of Appeals for the Fifth Circuit

Decided March 11, 1924No. 4201PublishedCited by 7 opinions

In Error to the District Court of the United States for the Northern District of Texas; Benjamin F. Bledsoe, Judge. Charles Sherwin and another were convicted of using the mail for the purpose of executing an alleged scheme to defraud, and for conspiracy to commit that offense (United States v. Lee, 290 Fed. 517), and bring error.

1Opinion of the Court

WALKER, Circuit Judge.

The plaintiffs in error (herein called defendants) were convicted on all of the six counts of the indictment, which was found in March, 1923. Five of those counts charged violations of section 215 of the Criminal Code (Comp. St. § 10385), by using the United Stales mail for the purpose of executing an alleged scheme to defraud, and the remaining count charged a violation of section 37 of that Code (Comp. St. §■ 10201), by conspiring to commit the offenses charged in the other counts. The assignments of errors are based upon the overruling of demurrers to the indictment…

2Cases cited4 opinions

  1. Counselman v. HitchcockSupreme Court of the United States · 1892
  2. Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
  3. Louisville & Nashville Railroad v. KentuckySupreme Court of the United States · 1896
  4. United States v. Armour & Co.District Court, N.D. Illinois · 1906

3Cited by7 opinions

  1. Chew v. United StatesCourt of Appeals for the Eighth Circuit · 1925
  2. United States v. LevyCourt of Appeals for the Third Circuit · 1946
  3. Morris v. United StatesCourt of Appeals for the Eighth Circuit · 1925
  4. Sherwin v. United StatesSupreme Court of the United States · 1925
  5. Blaine v. United StatesCourt of Appeals for the Fifth Circuit · 1928

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