Byron v. United States
Court of Appeals for the Ninth Circuit
In Error to the ‘District Court of the United States for the Northern Division of the Western District of Washington; Jeremiah Neterer, Judge. Carlos If. Byron and Edward M. Comyns were convicted under an indictment charging violation of and conspiracy to violate Penal Code, §215, and they bring error. Plaintiffs in error Byron and Comyns were convicted under 46 counts of an indictment, 45 charging violation of section 215 of the Penal Code (Comp.
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In Error to the ‘District Court of the United States for the Northern Division of the Western District of Washington; Jeremiah Neterer, Judge. Carlos If. Byron and Edward M. Comyns were convicted under an indictment charging violation of and conspiracy to violate Penal Code, §215, and they bring error. Plaintiffs in error Byron and Comyns were convicted under 46 counts of an indictment, 45 charging violation of section 215 of the Penal Code (Comp. St. § 10385) and 1 count charging conspiracy to violate that section (section 37 of the Penal Code [Comp. St. § 10201]). Writ of error was sued…
1Opinion of the CourtHunt, Circuit Judge
(after stating the facts as above). [1,2] The defendants contend that the indictment is fatally defective, because it fails to charge any use of the mails in the execution of the scheme alleged as one to defraud; but after setting forth the scheme and its purpose there are allegations that defendants, “having devised the scheme or artifice hereinbefore fully described, and intending so to do, to defraud Emma V. Christensen, the defendant * * * did willfully, * * * and for the purpose of executing the aforesaid scheme or artifice to defraud,” mail a writing styled an appeal, etc. That is…
2Cases cited5 opinions
- Durland v. United StatesSupreme Court of the United States · 1896
- United States v. YoungSupreme Court of the United States · 1914
- United States v. ComynsSupreme Court of the United States · 1919
- Byron v. United StatesCourt of Appeals for the Ninth Circuit · 1919
- Hoover v. SallingCourt of Appeals for the Seventh Circuit · 1901
3Cited by8 opinions
- United States v. Jeremiah P. Buckley, Ellsworth B. Sargent, Washington Water Power Co., and Sargent-Tyee Construction Co.Court of Appeals for the Ninth Circuit · 1982
- Cochran v. United StatesCourt of Appeals for the Eighth Circuit · 1930
- Chew v. United StatesCourt of Appeals for the Eighth Circuit · 1925
- In Re NeedhamIllinois Supreme Court · 1936
- In Re the Proceedings for the Disbarment of ComynsWashington Supreme Court · 1925
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