Legal Opinion

Floren v. United States

Court of Appeals for the Eighth Circuit

Decided April 20, 1911No. 3,367PublishedCited by 23 opinions

In Error to the District Court of the United States for the District of North Dakota. S. A. Eloren was convicted of depositing illegal matter in the mails, and brings error.

1Opinion of the Court

SANBORN, Circuit Judge.

The plaintiff in error sued out this writ to reverse his conviction and the denial by the court below of his motion in arrest of judgment on the ground that the indictment on which he was convicted did not allege the facts which constituted the *962offense charged with such clearness and certainty as to enable him to avail himself of his conviction thereon in defense of a second prosecution for the same offense.

[1] On a motion in arrest of judgment, as well as on a demurrer, it is essential to the validity of an indictment that it contain aver-ments of the facts which…

2Cases cited13 opinions

  1. Pettibone v. United StatesSupreme Court of the United States · 1893
  2. Rosen v. United StatesSupreme Court of the United States · 1896
  3. United States v. HessSupreme Court of the United States · 1888
  4. Dunlop v. United StatesSupreme Court of the United States · 1897
  5. Evans v. United StatesSupreme Court of the United States · 1894

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

3Cited by23 opinions

  1. Fontana v. United StatesCourt of Appeals for the Eighth Circuit · 1919
  2. Naftzger v. United StatesCourt of Appeals for the Eighth Circuit · 1912
  3. State v. TophamUtah Supreme Court · 1912
  4. United States v. DowlingDistrict Court, S.D. Florida · 1922
  5. Partson v. United StatesCourt of Appeals for the Eighth Circuit · 1927

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

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