Legal Opinion

Hanley v. United States

Court of Appeals for the Second Circuit

Decided July 1, 1903No. 191PublishedCited by 11 opinions

In Error to the District Court of the United States for the Western District of New York. This cause comes here upon writ of error to review a judgment of the District Court, Western District of New York. Four indictments were found against the plaintiffs in error, each in two counts, charging a violation of Rev. St. U. S.'§ 5480 [U. S. Comp.

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In Error to the District Court of the United States for the Western District of New York. This cause comes here upon writ of error to review a judgment of the District Court, Western District of New York. Four indictments were found against the plaintiffs in error, each in two counts, charging a violation of Rev. St. U. S.'§ 5480 [U. S. Comp. St. p. 3696]. This section provides that if any person, having devised or intending to devise any scheme or artifice to defraud, etc., by opening correspondence with any other person ■ by means of the post office establishment, “* * * shall, in and for…

1Opinion of the Court

EACOMBE, Circuit Judge.

Plaintiffs in error argue that a “fatal defect in the record is the total absence of any proof that the defendants placed or caused to be placed in the so-called railway post office the letters set forth in the indictment.” It is a sufficient answer to this proposition that there is no certificate of the trial judge that the bill of exceptions sets forth all the evidence, or that it contains a statement of all the proceedings upon the trial.

Plaintiffs in error argue that the court erred in charging that they could be found guilty under the indictment, whether the scheme…

2Cases cited15 opinions

  1. Ex Parte LangeSupreme Court of the United States · 1874
  2. United States v. LacherSupreme Court of the United States · 1890
  3. Goode v. United StatesSupreme Court of the United States · 1895
  4. Ballew v. United StatesSupreme Court of the United States · 1895
  5. In Re HenrySupreme Court of the United States · 1887

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

3Cited by11 opinions

  1. United States v. RosenbergCourt of Appeals for the Second Circuit · 1952
  2. Brown v. United StatesCourt of Appeals for the Eighth Circuit · 1906
  3. Hays v. United StatesCourt of Appeals for the Eighth Circuit · 1916
  4. Hyde v. United StatesCourt of Appeals for the Eighth Circuit · 1912
  5. Salazar v. United StatesCourt of Appeals for the Eighth Circuit · 1916

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

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