Legal Opinion

Littell v. United States

Court of Appeals for the Ninth Circuit

Decided May 3, 1909No. 1,665PublishedCited by 6 opinions

In Error to the District Court of the United States for the Northern Division of the Western District of Washington. The plaintiff in error was convicted upon an indictment drawn under Act April 18, 1884, e. 26, 23 Stat. 11 (U. S. Comp.

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In Error to the District Court of the United States for the Northern Division of the Western District of Washington. The plaintiff in error was convicted upon an indictment drawn under Act April 18, 1884, e. 26, 23 Stat. 11 (U. S. Comp. St. 1901, p. 3679), which charged that, with intent to defraud one Josephine C. Dabney, he falsely assumed and pretended to be an officer and employé, acting under authority of the United States and of the Treasury Department thereof, to wit, as an officer of the United States Secret Service, and in such pretended character as such officer and employé as…

1Opinion of the CourtGilbert, Circuit Judge

(after stating the facts as above). The plaintiff in error contends that there was no evidence to go to the jury to show that Mrs.' Dabney relied upon the representations of the plaintiff in error that he was an officer of the United States in extending credit to him and loaning him money, and that the evidence shows, on the other hand, that the credit was given and money was loaned on other considerations, especially upon consideration of the *622relations resulting from the answer of the plaintiff in error to the advertisement of Mrs. Dabney and his subsequent engagement of marriage with her.…

2Cases cited3 opinions

  1. United States v. TaylorDistrict Court, E.D. Missouri · 1900
  2. United States v. BallardDistrict Court, W.D. Missouri · 1902
  3. United States v. FarnhamDistrict Court, E.D. Pennsylvania · 1904

3Cited by6 opinions

  1. Haid v. United StatesCourt of Appeals for the Ninth Circuit · 1946
  2. United States v. Robert J. RippeeCourt of Appeals for the Seventh Circuit · 1992
  3. Brafford v. United StatesCourt of Appeals for the Sixth Circuit · 1919
  4. Reed v. United StatesCourt of Appeals for the Second Circuit · 1918
  5. United States v. John Rufus EtheridgeCourt of Appeals for the Second Circuit · 1975

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