O'Hara v. United States
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Southern District of Ohio. The plaintiff in error was indicted and convicted of violating section 5480 of the Revised Statutes of the United States, as amended by Act March 2, 1889, c. 893, 25 Stat. 873 [U. S. Oomp.
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In Error to the District Court of the United States for the Southern District of Ohio. The plaintiff in error was indicted and convicted of violating section 5480 of the Revised Statutes of the United States, as amended by Act March 2, 1889, c. 893, 25 Stat. 873 [U. S. Oomp. St. 1901, p. 3696], which 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 States, by means of the post office…
1Opinion of the CourtRichards, Circuit Judge
i. By the motion to quash and a demurrer, a number of objections were made to the indictment: That it is indefinite and repugnant in its averments as to time; that it does not charge the offense directly, but only by intendment and argumentation; that the scheme to defraud was one impossible of performance, and therefore not within the contemplation of the law; and that the things the defendants pretended they would do were forbidden by the laws of Ohio, and therefore the defendants cannot be punished for not doing them. The form of the indictment might have been improved, but a defect in…
2Cases cited7 opinions
- Durland v. United StatesSupreme Court of the United States · 1896
- Evans v. United StatesSupreme Court of the United States · 1894
- Goldsby v. United StatesSupreme Court of the United States · 1895
- Crumpton v. United StatesSupreme Court of the United States · 1891
- United States v. Van DuzeeSupreme Court of the United States · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Harrison v. United StatesCourt of Appeals for the Sixth Circuit · 1912
- United States v. SylvanusCourt of Appeals for the Seventh Circuit · 1951
- Securities & Exchange Commission v. Timetrust, Inc.District Court, N.D. California · 1939
- Bettman v. United StatesCourt of Appeals for the Sixth Circuit · 1915
- Foster v. United StatesCourt of Appeals for the Sixth Circuit · 1910
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