Legal Opinion

United States v. John E. Gurule, and Harold K. Baker

Court of Appeals for the Tenth Circuit

Decided November 18, 1970No. 605-69, 606-69PublishedCited by 42 opinions

1Opinion of the Court

HICKEY, Circuit Judge.

This is a direct appeal from a conviction of mail fraud, 18 U.S.C. § 1341, at a jury trial in the Federal District for the District of New Mexico. Twice indicted by a grand jury, appellants Gurule and Baker were found guilty of nine counts of mail fraud.

The issues raised attach the over-breadth of the subpoena duces tecum issued by the grand jury, the failure to instruct on appellant’s theory of the case, and the sufficiency of the evidence •to convict under the mail fraud charges.

The facts disclose that Gurule, an employee of the Santa Fe Railroad authorized to make…

2Cases cited11 opinions

  1. Bruton v. United StatesSupreme Court of the United States · 1968
  2. Curcio v. United StatesSupreme Court of the United States · 1957
  3. Kansas City Southern Railway Co. v. United StatesSupreme Court of the United States · 1913
  4. Ben Corbin v. United StatesCourt of Appeals for the Tenth Circuit · 1958
  5. Donald R. Elbel v. United StatesCourt of Appeals for the Tenth Circuit · 1966

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

3Cited by42 opinions

  1. In Re Grand Jury Proceedings. In Re Jacqueline Schofield, WitnessCourt of Appeals for the Third Circuit · 1973
  2. United States v. Michael Henry Burns, Vincent M. Andrade, Britt Lance Reynolds, DefendantCourt of Appeals for the Tenth Circuit · 1980
  3. In Re Grand Jury Matters, Appeal of United States of AmericaCourt of Appeals for the First Circuit · 1984
  4. Robert Hawthorne, Inc. v. Director of Internal RevenueDistrict Court, E.D. Pennsylvania · 1976
  5. In Re Grand Jury Subpoenas. United StatesCourt of Appeals for the Tenth Circuit · 1990

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

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