Capone v. United States
Court of Appeals for the Seventh Circuit
There were two indictments; and they were consolidated and tried at the same time. The first contained but one count and charged a felony under section 1114 (b), supra; the second indictment contained twenty-two counts, of which counts 13 and 18 charged misdemeanors under section 146 (a), supra, and the other counts charged felonies under section 1114 (b), supra.
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There were two indictments; and they were consolidated and tried at the same time. The first contained but one count and charged a felony under section 1114 (b), supra; the second indictment contained twenty-two counts, of which counts 13 and 18 charged misdemeanors under section 146 (a), supra, and the other counts charged felonies under section 1114 (b), supra. Appellant was found guilty of the felonies charged in counts 1, 5, and 9, and of misdemeanors charged in counts 13 and 18 of the second indictment. As to all other counts of that indictment, and also as to the charge in the first…
1Opinion of the CourtSparks, Circuit Judge
(after stating the facts as above).
The errors relied upon in this appeal are that the court erred in overruling the demurrer to each count of the indictment- upon which appellant was found guilty, and in overruling his motion in arrest of judgment as to each of said counts.
It is first contended by appellant that the demurrer and motion in arrest should each have been sustained as to the felony counts, because, as he insists, those counts charge the alleged offense in the generic terms of the statute, without specification of particulars; that is to say, lie contends that, m order to render…
2Cases cited41 opinions
- United States v. CruikshankSupreme Court of the United States · 1876
- Pettibone v. United StatesSupreme Court of the United States · 1893
- Armour Packing Co. v. United StatesSupreme Court of the United States · 1908
- Durland v. United StatesSupreme Court of the United States · 1896
- United States v. CarllSupreme Court of the United States · 1882
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3Cited by35 opinions
- Gleckman v. United StatesCourt of Appeals for the Eighth Circuit · 1935
- Tinkoff v. United StatesCourt of Appeals for the Seventh Circuit · 1936
- Leo Elwert v. United StatesCourt of Appeals for the Ninth Circuit · 1956
- Paschen v. United StatesCourt of Appeals for the Seventh Circuit · 1934
- United States v. SkidmoreCourt of Appeals for the Seventh Circuit · 1941
30 more not listed; retrieve them via the Exa API.