Spear v. United States
Court of Appeals for the Eighth Circuit
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 under Penal Code, §§ 215, 37 (Comp. St. 1916, §§ 10385, 10201), for fraudulent use of the mails and conspiracy, and they bring error.
1Opinion of the Court
HOOK, Circuit Judge.
Spear and Porter were again convicted of fraudulent use of the mails and conspiracy (Penal Code, §§ 215, 37), after having been awarded a new trial (Spear v. United States, 143 C. C. A. 67, 228 Fed. 485), and have again prosecuted writs of error. A description of the fraudulent scheme will be found in our former opinion and need not be repeated here.
[1] No error was committed in denying Spear a continuance. The granting or denial of a continuance is a matter of discretion, and is not subject to review in an appellate court unless it be clearly shown that the discretion was…
2Cases cited4 opinions
- Graves v. United StatesSupreme Court of the United States · 1893
- United States v. KenofskeySupreme Court of the United States · 1917
- Spear v. United StatesCourt of Appeals for the Eighth Circuit · 1915
- Perara v. United StatesCourt of Appeals for the Eighth Circuit · 1915
3Cited by12 opinions
- Shea v. United StatesCourt of Appeals for the Sixth Circuit · 1918
- Savage v. United StatesCourt of Appeals for the Eighth Circuit · 1920
- Moffitt v. United StatesCourt of Appeals for the Tenth Circuit · 1946
- United States v. WeismanCourt of Appeals for the Second Circuit · 1936
- Decker v. United StatesCourt of Appeals for the Fourth Circuit · 1944
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