Schwartzberg 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. Joseph B. Schwartzberg and others were convicted, under Criminal Code, § 37, of conspiracy to devise a scheme and artifice to defraud, and under section 215, of using the mails in connection with a scheme to defraud, and Joseph B. Schwartzberg, Joseph Herzberg, Henri P. Alexander, Benedict Radus, and Harry S. Goldman bring error.
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In Error to the District Court of the United States for the Southern District of New York. Joseph B. Schwartzberg and others were convicted, under Criminal Code, § 37, of conspiracy to devise a scheme and artifice to defraud, and under section 215, of using the mails in connection with a scheme to defraud, and Joseph B. Schwartzberg, Joseph Herzberg, Henri P. Alexander, Benedict Radus, and Harry S. Goldman bring error. Writ of error to the District Court to review a judgment of conviction against the plaintiffs in error, who with 9 other defendants were brought to trial under an indictment…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). Of the .assignments of error herein, those will be considered which raise the following questions, viz.: (1) That the defendants were not permitted to exercise the right of peremptory challenge of jurors in the manner prescribed by law. (2) That some at least of the plaintiffs in error should have been accorded a separate trial. (3) That the counts under section 215 do not charge a crime against the United States, and no such offense was proven. (4) That the evidence did not warrant conviction on the conspiracy count.
[1,2] 1. Section 287 of the Judicial…
2Cases cited12 opinions
- United States v. BallSupreme Court of the United States · 1896
- United States v. MarchantSupreme Court of the United States · 1827
- Farmer v. United StatesCourt of Appeals for the Second Circuit · 1915
- The United States v. William G. ShacklefordSupreme Court of the United States · 1856
- Blanton v. United StatesCourt of Appeals for the Eighth Circuit · 1914
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3Cited by25 opinions
- State v. PersingerWashington Supreme Court · 1963
- Cochran v. United StatesCourt of Appeals for the Eighth Circuit · 1930
- Silkworth v. United StatesCourt of Appeals for the Second Circuit · 1926
- Tincher v. United StatesCourt of Appeals for the Fourth Circuit · 1926
- Ader v. United StatesCourt of Appeals for the Seventh Circuit · 1922
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