Legal Opinion

Porter v. United States

Court of Appeals for the Fifth Circuit

Decided December 13, 1898No. 725PublishedCited by 17 opinions

In Error to the District Court of the United States for the Western District of Texas. W. S. Porter, the plaintiff in error, was tried in the United States district court for the Western district of Texas upon three indictments, numbered 1,148, 1,174, and 1,175, which had been consolidated and were tried together.

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In Error to the District Court of the United States for the Western District of Texas. W. S. Porter, the plaintiff in error, was tried in the United States district court for the Western district of Texas upon three indictments, numbered 1,148, 1,174, and 1,175, which had been consolidated and were tried together. The indictments are drawn under section 5209 of the United States Revised Statutes, and charge the plaintiff in error with having embezzled certain moneys of the First National Bank of Austin, Tex., while being the teller and agent of that bank. The indictment numbered 1,148 was…

1Opinion of the CourtParlance, District Judge

(after stating the facts). The plaintiff in error complains that the trial judge refused to give four special charges which he requested. He further complains that the court overruled his motion for a new trial, and entered a judgment of conviction against him upon three indictments as consolidated. There are two bills of exception in the cause. They contain no matter other than the four special charges refused by the trial court and the testimony on the question of fleeing from justice.

The first charge set out in the bills of exception requested the court to direct the acquittal of the…

2Cases cited2 opinions

  1. Roberts v. ReillySupreme Court of the United States · 1885
  2. Streep v. United StatesSupreme Court of the United States · 1895

3Cited by17 opinions

  1. Greene v. United StatesCourt of Appeals for the Fifth Circuit · 1907
  2. United States Ex Rel. Demarois v. FarrellCourt of Appeals for the Eighth Circuit · 1937
  3. Kettenbach v. United StatesCourt of Appeals for the Ninth Circuit · 1913
  4. Brown v. United StatesCourt of Appeals for the Eighth Circuit · 1906
  5. Elijah Ephraim Jhirad v. Thomas E. Ferrandina, United States Marshal, Southern District of New YorkCourt of Appeals for the Second Circuit · 1973

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