Brimie v. United States
Court of Appeals for the Seventh Circuit
In Error to the District Court of the United States for the Eastern Division of the Northern District of Illinois; Kenesaw M. Randis, Judge. Knute K. Brimie and Peter K. Brimie were convicted of joint violation of the oleomargarine act under several counts, and they bring error.
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In Error to the District Court of the United States for the Eastern Division of the Northern District of Illinois; Kenesaw M. Randis, Judge. Knute K. Brimie and Peter K. Brimie were convicted of joint violation of the oleomargarine act under several counts, and they bring error. Plaintiffs in error, hereinafter termed defendants, who are brothers, dealers ill oleomargarine at wholesale, were indicted for violations of sections 4, 6, 13, and IT of the oleomargarine acr (Act Aug. 2, 1886, c. 810, 24 Stat. 209, 213, 2J2 [IT. S. Comp. St. 1901, pp. 2229, 2230, 2232, 2234]). The indictment…
1Opinion of the CourtKohrsaat, Circuit Judge
(after stating the facts as above). With the exception of counts 1 and 2, the indictme'nt, charging joint offenses, and the verdict, finding the defendants jointly guilty, are not supported by any evidence of acts committed by the defendants jointly or by one with the assistance or knowledge or acquiescence of the other. Peter K. Brimie owned and controlled four stores. K. K. Brimie owned and controlled two stores. There was no evidence whatever to show that either had any interest in or control over the stores of the other, or that either participated in or knew of the alleged unlawful acts…
2Cases cited8 opinions
- Pointer v. United StatesSupreme Court of the United States · 1894
- McElroy v. United StatesSupreme Court of the United States · 1896
- United States v. DietrichU.S. Circuit Court for the District of Nebraska · 1904
- State v. DaubertSupreme Court of Missouri · 1868
- Elliott v. StateSupreme Court of Alabama · 1855
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3Cited by6 opinions
- Harrison v. United StatesCourt of Appeals for the Second Circuit · 1925
- People v. DavisCalifornia Court of Appeal · 1940
- Coco v. United StatesCourt of Appeals for the Eighth Circuit · 1923
- Samich v. United StatesCourt of Appeals for the Ninth Circuit · 1927
- United States v. MullenDistrict Court, E.D. Louisiana · 1925
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