Lefkowitz v. United States
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Criminal prosecution by the United States against Harry Lefkowitz and Russell V. Stuart, and others. Judgment of conviction, and defendants named bring error.
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In Error to the District Court of the United States for the Southern District of New York. Criminal prosecution by the United States against Harry Lefkowitz and Russell V. Stuart, and others. Judgment of conviction, and defendants named bring error. The plaintiffs in error, together with one Louis Lefkowitz (brother to Harry Lefkowitz, plaintiff in error), William 1). Steadman, and the United Magma Mines Company (a corporation of Arizona) were tried under an indictment containing six counts. The first five counts are under Criminal Code, § 215 (Comp. St. § 10385), and set forth a scheme to…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [1] It is to be noted that there was direct evidence from which any jury could find that all the defendants as originally indicted had formed a scheme or artifice to defraud and had conspired — i. e., agreed together - — to devise such scheme or artifice. The trial court apparently felt that the testimony as to Louis Lefkowitz, Steadman, and the corporation failed to meet the requirements of Farmer v. United States, 223 Fed. 903, 139 C. C. A. 341. As to the correctness of this ruling we can express no opinion; but when at the close of the government’s-case,…
2Cases cited7 opinions
- Farmer v. United StatesCourt of Appeals for the Second Circuit · 1915
- Marshall v. United StatesCourt of Appeals for the Second Circuit · 1912
- Schwartzberg v. United StatesCourt of Appeals for the Second Circuit · 1917
- Hammer v. United StatesCourt of Appeals for the Second Circuit · 1918
- Emanuel v. United StatesCourt of Appeals for the Second Circuit · 1912
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- United States of America Ex Rel. James Leak, Relator-Appellant v. Harold W. Follette, Warden, Green Haven Prison, Stormville, New YorkCourt of Appeals for the Second Circuit · 1969
- Little v. United StatesCourt of Appeals for the Tenth Circuit · 1934
- Baker v. United StatesCourt of Appeals for the Eighth Circuit · 1940
- Robilio v. United StatesCourt of Appeals for the Sixth Circuit · 1923
- Silkworth v. United StatesCourt of Appeals for the Second Circuit · 1926
15 more not listed; retrieve them via the Exa API.