Legal Opinion
United States v. Malinsky
District Court, S.D. New York
Decided September 6, 1956PublishedCited by 28 opinions
1Opinion of the Court
WALSH, District Judge.
The defendants move to dismiss the indictment because it does not allege with *428sufficient particularity the manner in which the alleged extortion affected interstate commerce. They also move in the alternative for bills of particulars.. The motions are denied.
The indictments were filed under 18 U.S.C. § 1951. To charge a crime under this section it is not necessary to allege that the person from whom money was extorted was engaged in interstate commerce nor is it necessary that the act of extortion was itself of an interstate character. All that is required is that the…
2Cases cited4 opinions
- United States v. DarbySupreme Court of the United States · 1941
- United States v. Starlite Drive-In, Inc.Court of Appeals for the Seventh Circuit · 1953
- United States v. CallananDistrict Court, E.D. Missouri · 1953
- United States v. French Bauer, Inc.District Court, S.D. Ohio · 1942
3Cited by28 opinions
- Paul John Carbo, Frank Palermo, Joseph Sica, Louis Tom Dragna, and Truman K. Gibson, Jr. v. United StatesCourt of Appeals for the Ninth Circuit · 1963
- United States v. Ralph 'Whitey' Tropiano, Lawrence R. Pellegrino and William Grasso,defendants-AppellantsCourt of Appeals for the Second Circuit · 1969
- United States v. Oscar E. HydeCourt of Appeals for the Fifth Circuit · 1971
- United States v. PersicoDistrict Court, S.D. New York · 1985
- United States v. Joseph AmabileCourt of Appeals for the Seventh Circuit · 1968
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