Legal Opinion

Kreuzer v. United States

Court of Appeals for the Eighth Circuit

Decided October 28, 1918No. 4582PublishedCited by 19 opinions

In Error to the District Court of the United States for the Eastern District of Missouri; John C. Pollock, Judge. David J. Kreuzer was convicted of violating the oleomargarine laws, and he brings error. The plaintiff in error, hereafter called the defendant, was convicted of a violation of several sections of the oleomargarine laws. The indictment contained 10 counts, all parts of the same transaction and connected together.

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In Error to the District Court of the United States for the Eastern District of Missouri; John C. Pollock, Judge. David J. Kreuzer was convicted of violating the oleomargarine laws, and he brings error. The plaintiff in error, hereafter called the defendant, was convicted of a violation of several sections of the oleomargarine laws. The indictment contained 10 counts, all parts of the same transaction and connected together. Three of the counts charged were misdemeanors, and the others felonies. A demurrer was filed to the indictment, alleging as grounds: First. That said indictment, and each…

1Opinion of the CourtTrieber, District Judge

(after stating the facts as above), f 1 ] It is urged that there was a misjoinder of charges, but the contention is without merit. Section 1024, Rev. St. (Comp. St. 1916, § 1690), permits such joinders, as each of the counts is for acts connected together, and for transactions of the same class of crimes. Logan v. United States, 144 U. S. 263, 295, 12 Sup. Ct. 617, 36 L. Ed. 429; Pointer v. United States, 151 U. S. 396, 403, 14 Sup. Ct. 410, 38 L. Ed. 208; Ingraham v. United States, 155 U. S. 434, 436, 15 Sup. Ct. 148, 39 L. Ed. 213; Dolan v. United States, 133 Fed. 440, 446, 69 C. C. A. 274;…

2Cases cited16 opinions

  1. Logan v. United StatesSupreme Court of the United States · 1892
  2. Pointer v. United StatesSupreme Court of the United States · 1894
  3. McElroy v. United StatesSupreme Court of the United States · 1896
  4. Gila Valley, Globe & Northern Railway Co. v. LyonSupreme Court of the United States · 1906
  5. McGregor v. United StatesCourt of Appeals for the Fourth Circuit · 1904

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3Cited by19 opinions

  1. Hartzell v. United StatesCourt of Appeals for the Eighth Circuit · 1934
  2. Chadwick v. United StatesCourt of Appeals for the Fifth Circuit · 1941
  3. State v. WallaceSupreme Court of Iowa · 1967
  4. Smith v. United StatesCourt of Appeals for the Eighth Circuit · 1920
  5. Gardner v. United StatesCourt of Appeals for the Ninth Circuit · 1934

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