Legal Opinion

Gourdain v. United States

Court of Appeals for the Seventh Circuit

Decided April 16, 1907No. 1,297PublishedCited by 8 opinions

In Error to the District Court of the United States for the Eastern Division of the Northern District of Illinois. Th.e plaintiff in error, Louis A. Gourdain, was indicted, with one John H. Dalton, for violations of section 5480, Rev. St. (U. S. Comp. St. 1901, p. 3696), and upon joint trial both were convicted. This writ of error is prosecuted from the judgment thereupon against the first-named defendant.

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In Error to the District Court of the United States for the Eastern Division of the Northern District of Illinois. Th.e plaintiff in error, Louis A. Gourdain, was indicted, with one John H. Dalton, for violations of section 5480, Rev. St. (U. S. Comp. St. 1901, p. 3696), and upon joint trial both were convicted. This writ of error is prosecuted from the judgment thereupon against the first-named defendant. The indictment contains three counts, averring like schemes to defraud — that described under the first and second counts, stated as carried on under the name of “Louisiana State Loan &…

1Opinion of the Court

SEAMAN, Circuit Judge.

The various errors assigned and pressed in the argument for revex-sal of the judgment ag'ainst the plaintiff in error, Louis A. Gourdain, are reducible to these propositions: (1) That violation of the statute is neither charged by apt averments in the indictment, nor established by the evidence; (2) that the court erred in the denial of instructions requested on behalf of the plaintiff in error; and (3) that error was committed after verdict upon motions for new trial and in arrest of judgment. Consideration of the theory upon which each of the general propositions rests…

2Cases cited6 opinions

  1. Clyde Mattox v. United StatesSupreme Court of the United States · 1892
  2. Durland v. United StatesSupreme Court of the United States · 1896
  3. Lottery CaseSupreme Court of the United States · 1903
  4. Felton v. SpiroCourt of Appeals for the Sixth Circuit · 1897
  5. Coffin v. United StatesSupreme Court of the United States · 1896

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

3Cited by8 opinions

  1. Weiss v. United StatesCourt of Appeals for the Fifth Circuit · 1941
  2. Sunderland v. United StatesCourt of Appeals for the Eighth Circuit · 1927
  3. Preeman v. United StatesCourt of Appeals for the Seventh Circuit · 1917
  4. Silkworth v. United StatesCourt of Appeals for the Second Circuit · 1926
  5. United States v. CrummerCourt of Appeals for the Tenth Circuit · 1945

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

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