Legal Opinion

Meyer v. United States

Court of Appeals for the Fifth Circuit

Decided February 8, 1915No. 2704PublishedCited by 8 opinions

In Error to the District Court of the United States for the Southern District of Alabama; Harry T. Toulmin, Judge. Morris M. Meyer was convicted of an offense, and he brings error.

1Opinion of the Court

WALKER, Circuit Judge.

[1] The case went to the jury on the second only of the three counts of the indictment; the demurrer to the third count having been sustained, and a nolle prosequi having been entered as to the first count. . The action of the court in overruling the demurrer to the second count is assigned as error. We are not of opinion that that count was subject to the demurrer interposed to it. The grounds of demurrer which have been principally insisted upon by the counsel for the plaintiff in error are the ones which suggest that the count fails to allege that the money mentioned…

2Cases cited5 opinions

  1. Ex Parte BainSupreme Court of the United States · 1887
  2. Ackley v. United StatesCourt of Appeals for the Eighth Circuit · 1912
  3. In Re LaneSupreme Court of the United States · 1890
  4. Hall v. United StatesSupreme Court of the United States · 1898
  5. Warren v. United StatesCourt of Appeals for the Fifth Circuit · 1912

3Cited by8 opinions

  1. Thomas v. United StatesCourt of Appeals for the D.C. Circuit · 1941
  2. Hodge v. United StatesCourt of Appeals for the D.C. Circuit · 1942
  3. Israel v. United StatesCourt of Appeals for the Sixth Circuit · 1925
  4. Larson v. HaferNebraska Supreme Court · 1920
  5. United States v. GrantDistrict Court, E.D. Michigan · 1924

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