Legal Opinion

Lobosco v. United States

Court of Appeals for the Second Circuit

Decided January 9, 1911No. 96PublishedCited by 3 opinions

In Error to the Circuit Court of the United States for the Eastern District of New York. Caimana Lobosco was convicted of knowingly purchasing and receiving certain uniform clothing of persons engaged in the marine service of the United States, and he brings error.

1Opinion of the Court

LACOMBE, Circuit Judge.

The section (Rev. St. § 5438 [U. S. Comp. St. 190Í, p. 3074]) reads as follows:

“Every person who knowingly purchases or receives in pledge for any obligation or indebtedness from any soldier, officer, sailor or other person, called into or employed in the military or naval service, any arms, equipments, ammunition, clothes, military stores, or other public property, such person not having lawful right to ¡¡ledge or sell the same, every person so offending in any of the matters set forth in this section shall be imprisoned at hard labor for not less than one, or more…

2Cases cited2 opinions

  1. United States v. HartDistrict Court, N.D. Illinois · 1906
  2. United States v. MichaelDistrict Court, W.D. Texas · 1907

3Cited by3 opinions

  1. State v. O'NeilIdaho Supreme Court · 1913
  2. United States v. BradleyCourt of Appeals for the Third Circuit · 1945
  3. Bolland v. United StatesCourt of Appeals for the Fourth Circuit · 1916

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