Legal Opinion

McDonald v. United States

Court of Appeals for the Sixth Circuit

Decided May 8, 1917No. 2609PublishedCited by 12 opinions

In Error to the District Court of the United States for the Western District of Tennessee; John E. McCall, Judge. J. M. McDonald and E. E. Hendrey were convicted of offenses, and they bring error.

1Opinion of the Court

DENISON, Circuit Judge.

Plaintiffs in error were, with six others, indicted under section 215 of the Penal Code (Act March 4, 1909, c. 321, 35 Stat. 1130 [Comp. St. 1916, § 10385]) for using the mails pursuant to a scheme to defraud. One of the respondents was never found, one pleaded guilty, two were discharged at the trial upon anolle prosequi, two were acquitted by the jury, and the two plaintiffs in error were convicted. The indictment contained five counts, each resting upon the same alleged scheme, but each involving the mailing of a distinct letter. The indictment is very prolix, and it…

2Cases cited5 opinions

  1. Bettman v. United StatesCourt of Appeals for the Sixth Circuit · 1915
  2. Hendrey v. United StatesCourt of Appeals for the Sixth Circuit · 1916
  3. Tucker v. United StatesCourt of Appeals for the Sixth Circuit · 1915
  4. Worden v. United StatesCourt of Appeals for the Sixth Circuit · 1913
  5. Sparks v. United StatesCourt of Appeals for the Sixth Circuit · 1917

3Cited by12 opinions

  1. Shea v. United StatesCourt of Appeals for the Sixth Circuit · 1918
  2. People v. DobleCalifornia Supreme Court · 1928
  3. Coleman v. United StatesCourt of Appeals for the Fifth Circuit · 1948
  4. Kaufmann v. United StatesCourt of Appeals for the Third Circuit · 1922
  5. Hyney v. United StatesCourt of Appeals for the Sixth Circuit · 1930

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