Legal Opinion

Hume v. United States

Court of Appeals for the Fifth Circuit

Decided November 18, 1902No. 1,109PublishedCited by 35 opinions

In Error to the District Court of the United States for the Northern District of Texas. Omitting the caption and indorsements, the indictment is as follows: “The grand jurors of the United States, within and for the district aforesaid, at Dallas, in said district, duly selected, impaneled, sworn, and charged to inquire into, and true presentment make of, all crimes and offenses cognizable under the authority of the United States, committed within said Northern district of…

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In Error to the District Court of the United States for the Northern District of Texas. Omitting the caption and indorsements, the indictment is as follows: “The grand jurors of the United States, within and for the district aforesaid, at Dallas, in said district, duly selected, impaneled, sworn, and charged to inquire into, and true presentment make of, all crimes and offenses cognizable under the authority of the United States, committed within said Northern district of Texas, upon their oaths present in open court that on September 80th, 1896, in Limestone county, Texas, in the Northern…

1Opinion of the CourtShelby, Circuit Judge

In this, as in every case coming to this court on writ of error, we are only to examine questions of law. The evidence is not brought here to be reviewed. We must assume, therefore, that the evidence was sufficient to substantiate the charges in the indictment that the plaintiff in error, with others, fraudulently devised the scheme to defraud, and that this scheme was to be carried on .and effected by the use and means of the post-office establishment of the United States^ and that the scheme was carried out with the intention and purposes as charged. So far, therefore, as the moral element…

2Cases cited8 opinions

  1. Durland v. United StatesSupreme Court of the United States · 1896
  2. Ex Parte WilsonSupreme Court of the United States · 1885
  3. United States v. GoodingSupreme Court of the United States · 1827
  4. Bannon v. United StatesSupreme Court of the United States · 1895
  5. United States v. MillsSupreme Court of the United States · 1833

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

3Cited by35 opinions

  1. Morei v. United StatesCourt of Appeals for the Sixth Circuit · 1942
  2. Rinker v. United StatesCourt of Appeals for the Eighth Circuit · 1907
  3. Chambers v. United StatesCourt of Appeals for the Eighth Circuit · 1916
  4. Wilkes v. United StatesCourt of Appeals for the Ninth Circuit · 1935
  5. Knauer v. United StatesCourt of Appeals for the Eighth Circuit · 1916

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

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