Legal Opinion

Applebaum v. United States

Court of Appeals for the Seventh Circuit

Decided April 15, 1921No. 2860PublishedCited by 29 opinions

In Error to the District Court of the United States for the Eastern District of Illinois. Ike Applebaum was convicted of having felonious possession o*f property stolen from an interstate shipment, and he brings error.

1Opinion of the Court

BAKER, Circuit Judge.

Applebaum was convicted of having felonious possession of property stolen from an interstate shipment.

[1] Complaint is made of the court’s refusal to grant a continuance on account of the absence of a witness. No exception was taken; and furthermore the court, with the district attorney’s consent, permitted defendant to read to the jury as evidence a written statement of what the witness would have testified to if present. And as the government introduced mo evidence to the contrary, the written statement stood as uncontradicted testimony.

[2] Though the indictment charged…

2Cases cited1 opinion

  1. Keith v. StateIndiana Supreme Court · 1901

3Cited by29 opinions

  1. Allen v. United StatesCourt of Appeals for the Seventh Circuit · 1924
  2. Boykin v. HuffCourt of Appeals for the D.C. Circuit · 1941
  3. Bailey v. KainIndiana Court of Appeals · 1963
  4. United States v. RobinsonDistrict Court, District of Columbia · 1947
  5. People v. LoganCalifornia Court of Appeal · 1955

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