McKinney v. United States
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the Eastern District of Oklahoma. Criminal prosecution by the United States against Richard P. McKinney. Judgment of conviction, and defendant brings error.
1Opinion of the Court
HOOK, Circuit Judge.
McKinney, who was convicted of using the mails in aid of a scheme to defraud (section 5480, Rev. St. [U. S. Comp. St. 1901, p. 3696]), seeks a reversal because his motion to quash the indictment was overruled and also because, as he says, the evidence at the trial was insufficient.
[ 1 ] His motion to quash, which we will assume was a proper form of remedy, 'stated that the grand jury found the indictment solel)'upon hearsay and incompetent evidence. To support the motion he offered to prove:
“That the said indictment was found by the said grand jury upon the evidence of F.…
2Cases cited12 opinions
- Hurtado v. CaliforniaSupreme Court of the United States · 1884
- Holt v. United StatesSupreme Court of the United States · 1910
- Twining v. New JerseySupreme Court of the United States · 1908
- United States v. ReedU.S. Circuit Court for the District of Northern New York · 1852
- United States v. KilpatrickDistrict Court, W.D. North Carolina · 1883
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3Cited by42 opinions
- United States v. Frank CostelloCourt of Appeals for the Second Circuit · 1955
- United States v. SmythDistrict Court, N.D. California · 1952
- In re National Window Glass WorkersDistrict Court, N.D. Ohio · 1922
- Beatrice Foods Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1963
- Olmstead v. United StatesCourt of Appeals for the Ninth Circuit · 1927
37 more not listed; retrieve them via the Exa API.