Legal Opinion

Hyde v. United States

Court of Appeals for the Eighth Circuit

Decided September 2, 1912No. 3,733PublishedCited by 16 opinions

In Error to the District Court of the United States for the District of South Dakota. Charles L. Hyde was convicted of using the mails to defraud, and brings error.

1Opinion of the Court

SANBORN, Circuit Judge.

This writ presents two questions, the' sufficiency of the indictment and the validity of the sentence of the defendant below for three offenses of misusing the post office establishment of the United States in executing a scheme to defraud; in violation of section 5480, Rev.-St. (3 U. S. Comp. St. Í901, p. 3696). The complaint of the indictment is that it does not set forth the necessary elements of the scheme to defraud. The indictment contained three counts, but the scheme to defraud was, avérred in the same words in each count. The first count alone will therefore be…

2Cases cited12 opinions

  1. Blitz v. United StatesSupreme Court of the United States · 1894
  2. United States v. BrittonSupreme Court of the United States · 1883
  3. Dealy v. United StatesSupreme Court of the United States · 1894
  4. In Re HenrySupreme Court of the United States · 1887
  5. Howard v. United StatesCourt of Appeals for the Sixth Circuit · 1896

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

3Cited by16 opinions

  1. Ex parte LamarCourt of Appeals for the Second Circuit · 1921
  2. Deaver v. United StatesCourt of Appeals for the D.C. Circuit · 1946
  3. Samuels v. United StatesCourt of Appeals for the Eighth Circuit · 1916
  4. Neely v. United StatesCourt of Appeals for the Fourth Circuit · 1924
  5. Anderson v. United StatesCourt of Appeals for the Eighth Circuit · 1919

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

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