Legal Opinion

Stokes v. United States

Supreme Court of the United States

Decided March 18, 1895No. 746PublishedCited by 60 opinions

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE "c SOUTHERN DISTRICT OF ABABAMA. This was an indictment against the defendant Stokes and thirteen others for a conspiracy to commit the offence described in Rev. Stat. § 5480, of using the post office establishment of the United States for fraudulent purposes.

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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE "c SOUTHERN DISTRICT OF ABABAMA. This was an indictment against the defendant Stokes and thirteen others for a conspiracy to commit the offence described in Rev. Stat. § 5480, of using the post office establishment of the United States for fraudulent purposes. The artifice was described as one wherein each of the defendants represented himself as a dealer in various kinds of merchandise, certifying each other to be financially responsible, and ordering merchandise from various parties, having no intention of paying for the same. Upon the…

1Opinion of the CourtJustice Brown

delivered the opinión of the court.

Error is assigned to the action of the court in overruling a demurrer to the indictment, and to the introduction of certain testimony.

1. The indictment is claimed to be defective in failing to set out with sufficient certainty the agreement showing the conspiracy. The indictment is for a conspiracy, Rev. Stat. § 5440, to commit an offence described in section 5480, as amended by the act of March '2, 1889, c. 393, 25 Stat. 873, which reads as follows: “ If any person having devised or intending to devise any scheme or artifice to defraud . . . to be effected…

2Cases cited4 opinions

  1. Evans v. United StatesSupreme Court of the United States · 1894
  2. Hickory v. United StatesSupreme Court of the United States · 1894
  3. Moore v. United StatesSupreme Court of the United States · 1876
  4. Williams v. CongerSupreme Court of the United States · 1888

3Cited by60 opinions

  1. State v. BellNew Mexico Supreme Court · 1977
  2. Cochran v. United StatesCourt of Appeals for the Eighth Circuit · 1930
  3. Preeman v. United StatesCourt of Appeals for the Seventh Circuit · 1917
  4. Greenbaum v. United StatesCourt of Appeals for the Ninth Circuit · 1935
  5. Foster v. United StatesCourt of Appeals for the Sixth Circuit · 1910

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