Legal Opinion

Naftzger v. United States

Court of Appeals for the Eighth Circuit

Decided October 24, 1912No. 3,619PublishedCited by 40 opinions

In Error to the District Court of the United States for the District of Kansas; John C. Pollock, Judge. D. S. Naftzger was convicted of receiving stamps, knowing the same to have been stolen, and he brings error. I,. S. Naftzger was indicted for receiving and converting to his use property of the United States, knowing that the same had been stolen.

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In Error to the District Court of the United States for the District of Kansas; John C. Pollock, Judge. D. S. Naftzger was convicted of receiving stamps, knowing the same to have been stolen, and he brings error. I,. S. Naftzger was indicted for receiving and converting to his use property of the United States, knowing that the same had been stolen. The indictment was in four counts; the dates when he received the stamps and the value thereof being alleged by counts, as follows: (1) January 17, 1910....$727 00 (2) June 13, 1910... 300 00 (3) July 6, 1910.... 350 00 (4) July 27, 1910... 191 45…

1Opinion of the Court

SMITH MCPHERSON, District Judge.

[1] 1. It is alleged in the third count that the defendant received the stamps from Frank S. Burt, knowing that the same had been stolen; “the said stamps having .been feloniously stolen from the United States at certain post offices ' of the United States in the state of Kansas, the names of said post offices and the particular stamps stolen from each being to the grand jurors unknown.” Without the allegation that the stamps had been stolen from the United States, the District Court would have been without jurisdiction. It -follows that such allegation must be…

2Cases cited33 opinions

  1. United States v. CruikshankSupreme Court of the United States · 1876
  2. Ex Parte BainSupreme Court of the United States · 1887
  3. Coffin v. United StatesSupreme Court of the United States · 1895
  4. Pettibone v. United StatesSupreme Court of the United States · 1893
  5. United States v. HessSupreme Court of the United States · 1888

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

3Cited by40 opinions

  1. United States v. General Motors CorporationCourt of Appeals for the Seventh Circuit · 1941
  2. Forte v. United StatesCourt of Appeals for the D.C. Circuit · 1937
  3. Daeche v. United StatesCourt of Appeals for the Second Circuit · 1918
  4. Evans v. United StatesCourt of Appeals for the Tenth Circuit · 1941
  5. United States v. ChapmanCourt of Appeals for the Seventh Circuit · 1948

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

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