Legal Opinion

Bowers v. United States

Court of Appeals for the Ninth Circuit

Decided September 4, 1917No. 2571PublishedCited by 7 opinions

In Error to the District Court of the United States for the Southern Division of the Southern District of California. Clarence P. Bowers was convicted of'violating Pen. Code 1910, § 215, by using the mails in connection with a scheme to defraud, and he brings error.

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In Error to the District Court of the United States for the Southern Division of the Southern District of California. Clarence P. Bowers was convicted of'violating Pen. Code 1910, § 215, by using the mails in connection with a scheme to defraud, and he brings error. In an indictment containing three counts, Olarence P. Bowers and others were charged with a violation of section 215 of the Penal Code of 1910. Bowers was convicted under the second count, and asks review under writ of error. The indictment was filed January 10, 1913. Stated in a brief way, the scheme charged to have been formed…

1Opinion of the CourtHunt, Circuit Judge

(after stating the facts as above). [1,2] Counsel for defendant has earnestly contended that the evidence was insufficient to sustain a verdict. One of the witnesses for the government testified to this effect: That he was a farmer and mechanic, and about 1909 he bought seven acres of this banana land from C. P. Bowers & Co.; that his transaction was with C. P. Bowers, to whom he paid $1,000 on the purchase; that there was $400 still due, and he sent an agent to Bowers to endeavor to buy only five acres, but failed to adjust the matter as desired, and thereafter paid the $400 still due to…

2Cases cited2 opinions

  1. Mitchell v. United StatesCourt of Appeals for the Ninth Circuit · 1912
  2. Short v. United StatesCourt of Appeals for the Eighth Circuit · 1915

3Cited by7 opinions

  1. Troutman v. United StatesCourt of Appeals for the Tenth Circuit · 1938
  2. United States v. SchneidermanDistrict Court, S.D. California · 1952
  3. Tucker v. United StatesCourt of Appeals for the Eighth Circuit · 1925
  4. Marco v. United StatesCourt of Appeals for the Ninth Circuit · 1928
  5. Barnes v. United StatesCourt of Appeals for the Eighth Circuit · 1928

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