Larkin v. United States
Court of Appeals for the Seventh Circuit
In Error to the District Court of the United States for (he Northern Division of the Northern District of Illinois. The plaintiff in error was convicted of a fraudulent use of the mails, in violation of section 5480 of the Revised Statutes, as amended by Act March 2, 1889 (1 Supp.
Read the full summary
In Error to the District Court of the United States for (he Northern Division of the Northern District of Illinois. The plaintiff in error was convicted of a fraudulent use of the mails, in violation of section 5480 of the Revised Statutes, as amended by Act March 2, 1889 (1 Supp. Rev. St. p. 694), which, in so far as now pertinent, reads as follows: “If any person having devised or intending- to devise any scheme or artifice to defraud * * * to be effected by either opening or intending to open correspondence or communication with any person, whether resident within or outside the United…
1Opinion of the CourtWoods, Circuit Judge
The indictment in this case, it is to he observed, does not charge a scheme to defraud the public generally, or to defraud a class not capable of being resolved into individuals. Bo charged, it would be evident that the persons intended to be injured were not known, and there could, of course, be no necessity for an averment to that effect. The scheme alleged in this indictment was “to defraud divers other persons * * * by inducing those persons severally to send to him divers valuable articles, * * * and to defraud thereof the several persons who should so send the same, * * a scheme and…
2Cases cited6 opinions
- Durland v. United StatesSupreme Court of the United States · 1896
- United States v. HessSupreme Court of the United States · 1888
- People v. ArnoldMichigan Supreme Court · 1881
- Despatchers' Cafe Inc. v. Somerville Housing AuthorityMassachusetts Supreme Judicial Court · 1955
- Murphy v. StateCourt of Appeals of Mississippi · 1852
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Arnold George Lauer v. United StatesCourt of Appeals for the Seventh Circuit · 1963
- United States v. Nathan W. ShavinCourt of Appeals for the Seventh Circuit · 1961
- Farmer v. United StatesCourt of Appeals for the Second Circuit · 1915
- Ader v. United StatesCourt of Appeals for the Seventh Circuit · 1922
- Capone v. United StatesCourt of Appeals for the Seventh Circuit · 1932
17 more not listed; retrieve them via the Exa API.