Legal Opinion

Kaplan v. Hecht

Court of Appeals for the Second Circuit

Decided March 5, 1928No. 270PublishedCited by 22 opinions

1Opinion of the CourtSwan, Circuit Judge

(after stating the facts as above).

The legality of the order of June 7, 1926, granting Kaplan probation, is not questioned, nor could it be. As he had not begun to serve his sentence, the District Court had jurisdiction under the express terms of section 1 of the Probation Act of March 4, 1925 (18 USCA § 724), “to suspend the imposition or execution of sentenóe and to place the defendant upon probation for such period and upon such terms and conditions as [it] may deem best.” See Kriebel v. United States, 10 F.(2d) 762 (C. C. A. 7); Evans v. District Judge, 12 F.(2d) 64 (C. C. A. 6); Ackerson…

2Cases cited9 opinions

  1. Ex Parte United StatesSupreme Court of the United States · 1916
  2. United States v. MurraySupreme Court of the United States · 1928
  3. State v. EverittSupreme Court of North Carolina · 1913
  4. Kriebel v. United StatesCourt of Appeals for the Seventh Circuit · 1926
  5. Belden v. HugoSupreme Court of Connecticut · 1914

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

3Cited by22 opinions

  1. People v. WhitfieldIllinois Supreme Court · 2008
  2. Frank A. Anglin, Jr. v. Steven Johnston, Parole Executive, United States Board of ParoleCourt of Appeals for the Seventh Circuit · 1975
  3. Billy Ray Hall v. O. M. Bostic, Monroe Prison Unit and the Attorney General of the State of North CarolinaCourt of Appeals for the Fourth Circuit · 1976
  4. United States v. MooreCourt of Appeals for the Second Circuit · 1939
  5. Persall v. StateAlabama Court of Appeals · 1944

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

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