Legal Opinion

Rieger v. United States

Court of Appeals for the Eighth Circuit

Decided February 27, 1901No. 1,392PublishedCited by 20 opinions

In Error to the District Court of the United States for the Western District of Missouri. Two indictments were returned against David Y. Rieger, the plaintiff in error, in the United States district court for the Western division of the Western district of Missouri, charging him with the commission of various crimes defined by section 5209 of the Revised Statutes of the United States, while he was acting as president of the Missouri National Bank of Kansas City, Mo.

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In Error to the District Court of the United States for the Western District of Missouri. Two indictments were returned against David Y. Rieger, the plaintiff in error, in the United States district court for the Western division of the Western district of Missouri, charging him with the commission of various crimes defined by section 5209 of the Revised Statutes of the United States, while he was acting as president of the Missouri National Bank of Kansas City, Mo. The two indictments together contained 14 counts, and they were subsequently consolidated for trial before a single jury.…

1Opinion of the Court

THAYER, Circuit Judge,

after stating the case as above, delivered ihe opinion of the court.

Certain technical objections were made in the lower court to that count of the indictment upon which a conviction was luid, and the same objections are urged in this court. These will be first noticed, ft is said — First, that the Townley note referred to in the indictment is not sufficiently described, because the name of the payee is not mentioned; second, that the pleader should have alleged that the misapplication of the funds of the banking association was “without the knowledge or consent” of the…

2Cases cited26 opinions

  1. Pettibone v. United StatesSupreme Court of the United States · 1893
  2. United States v. HessSupreme Court of the United States · 1888
  3. Evans v. United StatesSupreme Court of the United States · 1894
  4. United States v. SimmonsSupreme Court of the United States · 1878
  5. United States v. BrittonSupreme Court of the United States · 1883

21 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. United States v. Rex C. Cauble, Individually and Doing Business as Cauble EnterprisesCourt of Appeals for the Fifth Circuit · 1983
  2. State v. WarnerOhio Supreme Court · 1990
  3. Mathews v. United StatesCourt of Appeals for the Eighth Circuit · 1926
  4. Johnson v. United StatesCourt of Appeals for the Fourth Circuit · 1938
  5. United States v. MorseDistrict Court, S.D. New York · 1908

15 more not listed; retrieve them via the Exa API.

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