Legal Opinion

Tapack v. United States

Court of Appeals for the Third Circuit

Decided February 18, 1915No. 1881PublishedCited by 16 opinions

In Error to the District Court of the United States for the District •of New Jersey; Thos. G. Haight, Judge. Eouis. Tapack and another were convicted of an offense, and they bring error.

1Opinion of the Court

J. B. McPHERSON, Circuit Judge.

The indictment in this case •was found at January term, 1913, and charged five defendants with conspiracy under section 5440, R. S. (section 37, Penal Code of 1909). One of them was acquitted, and the other four, Jacob Torem, Samuel Moore, Louis Tapack, and Nathan Tapack, were convicted. Of these the last two have taken the present writ of error. In the District Court the sufficiency of the indictment was challenged by motions to quash,- for a directed verdict, for a new trial, and in arrest of judgment, and this subject has been urged upon our attention with…

2Cases cited10 opinions

  1. Burton v. United StatesSupreme Court of the United States · 1906
  2. Dunbar v. United StatesSupreme Court of the United States · 1895
  3. United States v. HolteSupreme Court of the United States · 1915
  4. Humes v. United StatesSupreme Court of the United States · 1898
  5. Cohen v. United StatesCourt of Appeals for the Second Circuit · 1907

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3Cited by16 opinions

  1. Gebardi v. United StatesSupreme Court of the United States · 1932
  2. United States v. Thomas S. Ross and John ColloriCourt of Appeals for the Seventh Circuit · 1996
  3. Kelly v. United StatesCourt of Appeals for the Sixth Circuit · 1919
  4. Rulovitch v. United StatesCourt of Appeals for the Third Circuit · 1923
  5. Beland v. United StatesCourt of Appeals for the Fifth Circuit · 1938

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