United States v. Wupperman
District Court, N.D. New York
Criminal prosecution by the United States against Adolph E. Wupperman, Max M. Hart, Andrew S. Work, and Frank W. Fowler. On demurrer to indictment.
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Criminal prosecution by the United States against Adolph E. Wupperman, Max M. Hart, Andrew S. Work, and Frank W. Fowler. On demurrer to indictment. The defendants are jointly indicted for conspiring to commit an offense against the United States, in that, having devised or intending to devise a scheme or artifice to defraud or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises to be made effectual or carried out by the use of the mails or post office department of the United States, they committed certain overt acts, charged in the…
1Opinion of the CourtRay, District Judge
(after stating the facts as above). [1] The crime of “conspiracy” is sufficiently charged if it be stated that two or more persons, naming them, conspired (that is, agreed together) to commit some offense against the United States (that is, commit some act declared to be a crime by some statute of the United States); and it is also charged that one or more of such parties did an act to effect (that is, carry out) the object of such conspiracy. The offense to be committed must be described with sufficient particularity, but I do not understand that the overt act or acts charged must appear on…
2Cited by9 opinions
- Wilson v. United StatesCourt of Appeals for the Second Circuit · 1921
- United States v. Armour & Co.Court of Appeals for the Tenth Circuit · 1943
- Heskett v. United StatesCourt of Appeals for the Ninth Circuit · 1932
- Barnes v. United StatesCourt of Appeals for the Eighth Circuit · 1928
- State v. BillingerCourt of Appeals of North Carolina · 2011
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