Legal Opinion

Freeman v. United States

Court of Appeals for the Ninth Circuit

Decided July 16, 1917No. 2734PublishedCited by 15 opinions

In Error to the District Court of the United States for the First Division of the Northern District of California; Maurice T. Dooling, Judge. Gideon M. Freeman was convicted of an offense, and he brings error.

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In Error to the District Court of the United States for the First Division of the Northern District of California; Maurice T. Dooling, Judge. Gideon M. Freeman was convicted of an offense, and he brings error. An indictment in five counts charged that the plaintiff in error, doing business under the name of Dr. Jordan, L. J. Jordan Company, and Jordan Museum of Anatomy, devised a scheme or artifice to defraud, or for obtaining money or property by means of certain false pretenses, to be effected by means of the post-office establishment of the United States, the substance of which was that he…

1Opinion of the CourtGilbert, Circuit Judge

(after stating the facts as above). [1, 2] It is contended that the writing and mailing of the letters which are set out in the indictment were not criminal, and do not constitute crimes, for the reason that the letters were solicited by the United States post office inspectors in letters written by them and sent through the mails to Dr. Jordan as decoy letters, that the government officers initiated the crime, and that the case is thereby brought within the principle of the decisions of this court in Woo Wai v. United States, 223 Fed. 414, 137 C. C. A. 604, and Sam Yick v. United States, 240…

2Cases cited9 opinions

  1. Grimm v. United StatesSupreme Court of the United States · 1895
  2. Woo Wai v. United StatesCourt of Appeals for the Ninth Circuit · 1915
  3. Thomas v. United StatesCourt of Appeals for the Eighth Circuit · 1907
  4. Kettenbach v. United StatesCourt of Appeals for the Ninth Circuit · 1913
  5. Brooks v. United StatesCourt of Appeals for the Eighth Circuit · 1906

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3Cited by15 opinions

  1. United States v. RosenbergCourt of Appeals for the Second Circuit · 1952
  2. Robert Michael Woosley v. United StatesCourt of Appeals for the Eighth Circuit · 1973
  3. George Herman v. United StatesCourt of Appeals for the Fifth Circuit · 1961
  4. James Boyd Brown v. United StatesCourt of Appeals for the Ninth Circuit · 1955
  5. Ruth Etta Witt v. United StatesCourt of Appeals for the Ninth Circuit · 1961

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