Legal Opinion

Howenstine v. United States

Court of Appeals for the Ninth Circuit

Decided February 2, 1920No. 3302PublishedCited by 20 opinions

In Error to the District Court of the United States for the Southern Division of the Southern District of California; Benjamin Bledsoe, Judge. _ _ Criminal prosecution by the United States against Frank P. Howenstine and Idell Kennedy. Judgment of conviction, and defendants bring error.

1Opinion of the Court

GILBERT, Circuit Judge (after stating the facts as above).

[13] Demurrers were interposed to the indictment, and error is assigned to the orders of the court overruling the same. It is contended that the first count is fatally defective for the reason that the conspiracy and the overt acts set forth are not alleged to have been willful. To this *4it is sufficient to say that the definition of the offense of conspiracy under which the defendants were indicted does not contain the word “willful,” or any provision to indicate that it was the intention of Congress to make willfulness an ingredient…

2Cases cited19 opinions

  1. Schenck v. United StatesSupreme Court of the United States · 1919
  2. Frohwerk v. United StatesSupreme Court of the United States · 1919
  3. Woo Wai v. United StatesCourt of Appeals for the Ninth Circuit · 1915
  4. Harding v. StateSupreme Court of Arkansas · 1910
  5. Houston v. United StatesCourt of Appeals for the Ninth Circuit · 1914

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3Cited by20 opinions

  1. George C. Finn v. United StatesCourt of Appeals for the Fourth Circuit · 1958
  2. Rumely v. United StatesCourt of Appeals for the Second Circuit · 1923
  3. Wheatley v. United StatesCourt of Appeals for the Fourth Circuit · 1946
  4. United States v. HandlerCourt of Appeals for the Second Circuit · 1944
  5. State v. Nieblas-DuarteCourt of Appeals of Washington · 1989

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