Wetzel v. United States
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the First Division of the Northern District of California; M. T. Dooling, Judge. J. E. Wetzel was convicted of violating the postal laws, and he brings error. The plaintiff in error was indicted under three counts for violation of section 211, United States Criminal Code.
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In Error to the District Court of the United States for the First Division of the Northern District of California; M. T. Dooling, Judge. J. E. Wetzel was convicted of violating the postal laws, and he brings error. The plaintiff in error was indicted under three counts for violation of section 211, United States Criminal Code. The first count charged in substance that on August 13, 1912, at San Francisco, he did willfully, unlawfully, knowingly, and feloniously deposit and cause to be deposited in the post office establishment of the United States a certain letter and notice inclosed in a…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). [1] It is assigned as error that the court overruled the defendant’s motion to quash the indictment, which was interposed on the ground that the indictment charged one offense in three counts. That defect, if it existed, was no ground for quashing all three counts. A motion to quash is not favored by the courts. It is ordinarily addressed to the discretion of the court. Durland v. United States, 161 U. S. 306, 16 Sup. Ct. 508, 40 L. Ed. 709; Hillman v. United States, 192 Fed. 264, 112 C. C. A. 522. And the objection that all the counts are for the same…
2Cases cited11 opinions
- Durland v. United StatesSupreme Court of the United States · 1896
- Claassen v. United StatesSupreme Court of the United States · 1891
- Grimm v. United StatesSupreme Court of the United States · 1895
- Evans v. United StatesSupreme Court of the United States · 1894
- Seeberger v. SchweyerSupreme Court of the United States · 1894
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3Cited by10 opinions
- Koth v. United StatesCourt of Appeals for the Ninth Circuit · 1926
- United States v. HughesDistrict Court, S.D. New York · 1961
- United States v. Jay Hornick, United States of America v. Jesse TraubCourt of Appeals for the Third Circuit · 1956
- Ghadiali v. United StatesCourt of Appeals for the Ninth Circuit · 1927
- Bacigalupi v. United StatesCourt of Appeals for the Ninth Circuit · 1921
5 more not listed; retrieve them via the Exa API.