Oesting v. United States
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the First Division of the Northern District of California; Wm. FI. Sawtelle, Judge. Paul Oesting, alias Paul Allen, was convicted under Criminal Code, § 215, of using the mails in connection with a scheme to defraud, and he brings error.
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In Error to the District Court of the United States for the First Division of the Northern District of California; Wm. FI. Sawtelle, Judge. Paul Oesting, alias Paul Allen, was convicted under Criminal Code, § 215, of using the mails in connection with a scheme to defraud, and he brings error. The plaintiff in error was sentenced upon a plea of guilty to an indictment the substance of which is as follows: That at a time and place named, under the name of Dr. Jordan, L. J. Jordan, Incorporated, and Jordan’s Museum of Anatomy, a\ corporation organized and existing under and by virtue of the laws…
1Opinion of the CourtGirbert, Circuit Judge
(after stating the facts- as aboye).
[1, 2] The defendant .in error contends that the plaintiff in error, having pleaded guilty to the indictment and having presented no objection to the indictment in the court below, cannot be heard to object to the same in this court. Many authorities are cited for and against the contention. We may accept the rule to be this: First, that after a plea of guilty the only objection that can be made to the indictment in the court of first instance is that it “fails to describe the various acts intended to be proved with that reasonable certainty which the law…
2Cases cited8 opinions
- Dunbar v. United StatesSupreme Court of the United States · 1895
- Holmgren v. United StatesSupreme Court of the United States · 1910
- Pickett v. United StatesSupreme Court of the United States · 1910
- Hardesty v. United StatesCourt of Appeals for the Sixth Circuit · 1909
- United States v. BayaudU.S. Circuit Court for the District of Southern New York · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Donaldson v. Read Magazine, Inc.Supreme Court of the United States · 1948
- Silverman v. United StatesCourt of Appeals for the Fifth Circuit · 1954
- Foshay v. United StatesCourt of Appeals for the Eighth Circuit · 1933
- United States v. UryCourt of Appeals for the Second Circuit · 1939
- Weatherby v. United StatesCourt of Appeals for the Tenth Circuit · 1945
11 more not listed; retrieve them via the Exa API.