Legal Opinion

Spear v. United States

Court of Appeals for the Eighth Circuit

Decided September 15, 1915No. Nos. 4385, 4386PublishedCited by 12 opinions

In Error to .the District Court of the United States for the Eastern District of Arkansas; Jacob Trieber, Judge. Ed Spear and Jack Porter were convicted of offenses, and they bring error.

1Opinion of the Court

HOOK, Circuit Judge.

Spear and Porter were indicted in five counts, the first four of which charged fraudulent use of the mails, and the last a conspiracy to commit the offenses set forth in the others, in violation of sections 215 and 37 of the Penal Code (Comp. St. 1913, §§ 10385, 10201). There were convictions and sentences on all the counts, except that Porter was acquitted on the first. They obtained these writs of error.

[1] At the threshold of the cases is the question of the sufficiency of the counts for fraudulent use of the mails. If they fall, that for conspiracy depending on them…

2Cases cited8 opinions

  1. United States v. BrittonSupreme Court of the United States · 1883
  2. Hinshaw v. StateIndiana Supreme Court · 1897
  3. Smith v. United StatesCourt of Appeals for the Eighth Circuit · 1907
  4. Stearns v. United StatesCourt of Appeals for the Eighth Circuit · 1907
  5. Milby v. United StatesCourt of Appeals for the Sixth Circuit · 1901

3 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Kann v. United StatesSupreme Court of the United States · 1944
  2. McAffee v. United StatesCourt of Appeals for the D.C. Circuit · 1939
  3. Tincher v. United StatesCourt of Appeals for the Fourth Circuit · 1926
  4. MacKett v. United StatesCourt of Appeals for the Seventh Circuit · 1937
  5. Peals v. StateSupreme Court of Arkansas · 1979

7 more not listed; retrieve them via the Exa API.

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