Goldman v. United States
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Eastern Division of the Northern District of Ohio; William L. Day, Judge. Jacob L. Goldman was convicted of a misuse of the mails, and he brings error. This writ is prosecuted to reverse sentence entered upon conviction foi misuse of the mails. The indictment contains two counts, and they in effect are the same, except that one of the two letters involved appears in the first count and the other in the second.
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In Error to the District Court of the United States for the Eastern Division of the Northern District of Ohio; William L. Day, Judge. Jacob L. Goldman was convicted of a misuse of the mails, and he brings error. This writ is prosecuted to reverse sentence entered upon conviction foi misuse of the mails. The indictment contains two counts, and they in effect are the same, except that one of the two letters involved appears in the first count and the other in the second. The indictment enters greatly into details and is very long. We think the following fairly states the substance of its…
1Opinion of the CourtWarrington, Circuit Judge
(after stating the facts as above). [1] 1. The ground alleged in the demurrer is insufficiency in law of either count of the indictment; and this is explained in argument to mean that the scheme to defraud as it is alleged was “but a preparation to devise a scheme,” and so did not fall within the language of section 215 of the Federal Criminal Code. Reliance is placed, for example, on this portion of the indictment:
“Goldman had planned, devised, and intended that, when he should find a person * * * of the description indicated” in his advertisement, “he would agree and arrange with her in…
2Cases cited17 opinions
- Durland v. United StatesSupreme Court of the United States · 1896
- Rosen v. United StatesSupreme Court of the United States · 1896
- Grimm v. United StatesSupreme Court of the United States · 1895
- United States v. YoungSupreme Court of the United States · 1914
- Price v. United StatesSupreme Court of the United States · 1897
12 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Bettman v. United StatesCourt of Appeals for the Sixth Circuit · 1915
- Shea v. United StatesCourt of Appeals for the Sixth Circuit · 1918
- Billingsley v. United StatesCourt of Appeals for the Sixth Circuit · 1921
- Browne v. United StatesCourt of Appeals for the Sixth Circuit · 1923
- Voves v. United StatesCourt of Appeals for the Seventh Circuit · 1918
13 more not listed; retrieve them via the Exa API.