Legal Opinion

Harvey v. United States

Court of Appeals for the Second Circuit

Decided January 16, 1928No. 202PublishedCited by 17 opinions

1Opinion of the CourtSwan, Circuit Judge

(after stating the facts as above). 1. The point most strongly urged as error is the admission of evidence of acts done by Harvey, or by Harvey and Warner, acting with other persons not named in the indictment. It is said that this amounted to the admission of evidence of distinct conspiracies not charged in the indictment and not tending to prove any disputed element of the crime charged. It is elementary that proof of independent crimes cannot be used, except where the intent of the defendant in doing an act which may be either innocent or wrongful dependent upon the intent with which it is…

2Cases cited17 opinions

  1. Hyde v. United StatesSupreme Court of the United States · 1912
  2. Ford v. United StatesSupreme Court of the United States · 1926
  3. Dunlop v. United StatesSupreme Court of the United States · 1897
  4. Heike v. United StatesSupreme Court of the United States · 1913
  5. Steckler v. United StatesCourt of Appeals for the Second Circuit · 1925

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3Cited by17 opinions

  1. United States v. MantonCourt of Appeals for the Second Circuit · 1938
  2. United States v. John F. GibsonCourt of Appeals for the Sixth Circuit · 1982
  3. United States v. SagerCourt of Appeals for the Second Circuit · 1931
  4. United States v. Illinois Alcohol Co.Court of Appeals for the Second Circuit · 1930
  5. Henry v. StateMississippi Supreme Court · 1968

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