Legal Opinion

Talbert v. United States

District of Columbia Court of Appeals

Decided April 6, 1914No. 2606PublishedCited by 10 opinions

Hearing on an appeal by the defendant from a judgment of the Supreme Court of the District of Columbia, holding a criminal court, convicting him of larceny. The Court in the opinion stated the facts as follows: An indictment in eleven counts charged Warren E. Talbert, appellant, with the crimes of obtaining certain articles of jewelry by false representations and pretenses, and with larceny of the same.

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Hearing on an appeal by the defendant from a judgment of the Supreme Court of the District of Columbia, holding a criminal court, convicting him of larceny. The Court in the opinion stated the facts as follows: An indictment in eleven counts charged Warren E. Talbert, appellant, with the crimes of obtaining certain articles of jewelry by false representations and pretenses, and with larceny of the same. The different articles were described as one finger ring; four finger rings; a brooch; a locket; a stud; a locket; three finger rings, and a finger ring. The value of each article is alleged;…

1Opinion of the CourtChief Justice Shepard

Eorty-six errors have been assigned, all of which have been considered, but only certain ones will be discussed.

1. The demurrer to the indictment was correctly overruled. The description of the articles was sufficiently specific. Had the defendant been in real doubt as to the identity of the several articles with the theft of which he was charged, he could have moved the court for a bill of particulars. Lauer v. District of Columbia, 11 App. D. C. 453, 454. This he failed to do.

Eor a stronger reason the motion in arrest of judgment based upon the same grounds was rightly denied.

2. There was…

2Cases cited13 opinions

  1. Meehan v. ValentineSupreme Court of the United States · 1892
  2. Berthold v. GoldsmithSupreme Court of the United States · 1861
  3. Samuel Kirk & Son v. GarrettCourt of Appeals of Maryland · 1896
  4. Smith v. . People of the State of N.Y.New York Court of Appeals · 1873
  5. People v. CallCourt for the Trial of Impeachments and Correction of Errors · 1845

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

3Cited by10 opinions

  1. Thomas v. United StatesCourt of Appeals for the D.C. Circuit · 1941
  2. Loney v. United StatesCourt of Appeals for the Tenth Circuit · 1945
  3. United States v. Anita G. WhitlockCourt of Appeals for the D.C. Circuit · 1980
  4. Graham v. United StatesCourt of Appeals for the D.C. Circuit · 1951
  5. Stewart v. United StatesCourt of Appeals for the Eighth Circuit · 1945

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

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