Epstein v. United States
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Eastern District of New York. Criminal prosecution by the United States against Samuel Epstein. Judgment of conviction, and defendant brings error.
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In Error to the District Court of the United States for the Eastern District of New York. Criminal prosecution by the United States against Samuel Epstein. Judgment of conviction, and defendant brings error. Epstein was the president and in control of the affairs of the Locust Building Company, Incorporated, and subsequently of the Beta Building Company, both of which concerns were engaged in obtaining land, building thereon, and disposing of' the buildings, if they could, in the borough of Queens. The Locust Company went into bankruptcy, and Epstein as its president was summoned, or…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [1] It is earnestly argued that this indictment is duplicitous. The is misused. Duplicity in an indictment consists in the joinder of two or more distinct offenses in one count (Bishop, New Grim. Proc. vol. 1, § 432); and since the two perjuries here alleged are plainly describable as “two or more acts or transactions connected together,” the joinder of counts is explicitly permitted by Revised Statutes, § 1024 (Comp. St. § 1690).
[2] It is with equal vigor said that it was error to deny defendant’s motion to dismiss or direct at the close of the…
2Cases cited1 opinion
- United States v. SmithDistrict Court, D. Oregon · 1870
3Cited by10 opinions
- United States v. GoldsteinCourt of Appeals for the Second Circuit · 1948
- In re Locust Bldg. Co.Court of Appeals for the Second Circuit · 1924
- Smith v. United StatesCourt of Appeals for the Sixth Circuit · 1948
- United States v. McKenneyDistrict Court, S.D. New York · 1959
- Wattenmaker v. United StatesCourt of Appeals for the Third Circuit · 1929
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