Legal Opinion

Gouled v. United States

Court of Appeals for the Second Circuit

Decided February 10, 1920No. 142PublishedCited by 2 opinions

In Error to the District Court of the .United States for the Southern. District of New York. Criminal prosecution by the United States against Felix Gouled. Judgment of conviction, and defendant brings error. Questions certified to Supreme Court. This cause came here on a writ of error to a judgment of conviction entered in the District Court for the Southern District of New York.

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In Error to the District Court of the .United States for the Southern. District of New York. Criminal prosecution by the United States against Felix Gouled. Judgment of conviction, and defendant brings error. Questions certified to Supreme Court. This cause came here on a writ of error to a judgment of conviction entered in the District Court for the Southern District of New York. On the hearing in this court certain questions of law arose, concerning which this court desires the instruction of the Supreme Court in order properly to decide the cause.

1Opinion of the Court

Statement of Fact.

The material facts revealed by the bill of exceptions and exhibits are as follows:

On July 30, 1918, the grand jury for the Southern district of New York, by indictment duly charged plaintiff in error, together with one Vaughan and one Podell: (1) With a conspiracy to defraud the United States, in violation of section 37, C. C. (Comp. St. § 10201); (2) with having devised a scheme or artifice to defraud and used the United States post office establishment for the purpose of executing the same, in violation of section 215, C. C. (Comp. St. § 10385).

In January, 1918, certain…

2Cited by2 opinions

  1. United States v. MurphyDistrict Court, E.D. New York · 1920
  2. United States v. JohnstoneDistrict Court, D. Alaska · 1920

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