Legal Opinion
Gibson v. United States
Court of Appeals for the Ninth Circuit
Decided February 11, 1929No. 5464PublishedCited by 13 opinions
1Opinion of the Court
DIETRICH, Circuit Judge.
Appellants, 14 in number, were convicted under an indictment charging them with conspiracy to violate the provisions of the National Prohibition Act (27 USCA).
1. After a trial consuming many days, they for the first time challenged the sufficiency of the indictment by a motion in arrest of judgment. Only defects in matter substance can be reached by such a motion. Banta v. United States (C. C. A.) 12 F.(2d) 765. And emphasis is given to-this limitation where, as here, there has been an unusually long and expensive trial. It is highly improbable that, if the defects…
2Cases cited18 opinions
- Holt v. United StatesSupreme Court of the United States · 1910
- Wong Tai v. United StatesSupreme Court of the United States · 1927
- Thompson v. UtahSupreme Court of the United States · 1898
- Maxwell v. DowSupreme Court of the United States · 1900
- Rassmussen v. United StatesSupreme Court of the United States · 1905
13 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- United States v. GottfriedCourt of Appeals for the Second Circuit · 1948
- MATTER OF UNITED PRESS ASSNS. v. ValenteNew York Court of Appeals · 1954
- Greenbaum v. United StatesCourt of Appeals for the Ninth Circuit · 1935
- Stillman v. United StatesCourt of Appeals for the Ninth Circuit · 1949
- Grovene James Finley, Webber Heflin Mitchell, David Wendell Goodwin and James Thomas Daniels v. United StatesCourt of Appeals for the Fifth Circuit · 1960
8 more not listed; retrieve them via the Exa API.