Daeche v. United States
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Paul Daeche was convicted under separate indictments under Criminal Code, § 37, of conspiracy to violate section 298, and of a violation of section 296, and he brings error. Writ of error to a judgment of conviction, entered on the 9th day of May,' 1916, upon the verdict of a jury rendered on the previous day upon two indictments.
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In Error to the District Court of the United States for the Southern District of New York. Paul Daeche was convicted under separate indictments under Criminal Code, § 37, of conspiracy to violate section 298, and of a violation of section 296, and he brings error. Writ of error to a judgment of conviction, entered on the 9th day of May,' 1916, upon the verdict of a jury rendered on the previous day upon two indictments. The first indictment alleged that the defendant, with certain others, to wit, Fay, Scholz, Bronkhorst, Breitung, and Kniezle, between the 1st day of June and the 21st day of…
1Opinion of the CourtRearned Hand, District Judge
(after stating the facts as above). [1] We think that there was no case made out under the indictment for conspiracy to injure underwriters. Section 296 of the Criminal Code. The proof was of a purpose to raise the rates of insurance, a purpose not involving the existence of any insurance upon the vessels injured, and as well fulfilled if the increased dangers were made manifest upon those uninsured as upon those insured. Where the crime involves, as here, a specific intent, the existence of the intent must be proved as an independent fact, the state of mind prescribed in the statute. That…
2Cases cited16 opinions
- The People v. . JaehneNew York Court of Appeals · 1886
- People v. JonesCalifornia Supreme Court · 1898
- Ryan v. StateSupreme Court of Alabama · 1893
- Gray v. CommonwealthSupreme Court of Pennsylvania · 1882
- Lambright v. StateSupreme Court of Florida · 1894
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3Cited by86 opinions
- Opper v. United StatesSupreme Court of the United States · 1954
- Smith v. United StatesSupreme Court of the United States · 1954
- Warszower v. United StatesSupreme Court of the United States · 1941
- State v. LucasSupreme Court of New Jersey · 1959
- Self v. StateCourt of Criminal Appeals of Texas · 1974
81 more not listed; retrieve them via the Exa API.