Legal Opinion

Looker v. United States

Court of Appeals for the Second Circuit

Decided March 13, 1917No. 15PublishedCited by 24 opinions

In Error to the District Court of the United States for the Southern District of New York. Criminal prosecution by the United States against Pierre M. Doolcer. From a judgment of conviction, defendant brings error. Looker was found guilty of a “scheme to defraud,” toward the execution of which the mail was used; the indictment being under section 215 of the Criminal Code (Act March 4, 1909, c. 321, 35 Stat. 1103 [Comp. St. 1913, ,§ 10385]).

1Opinion of the Court

HOUGH, Circuit Judge.

Although the indictment contained seven counts upon which the jury found Looker guilty, the variations between the counts being only in respect of the persons defrauded, and the letters mailed, a summary of one charge is sufficient for the purposes of this writ.

The charge was that Looker, with one McLaughlin (who died before trial), devised a scheme for obtaining money by false pretenses from divers persons, by means of selling the stock and debenture certificates of a corporation, hereinafter called the Monaton Company, and thereupon in furtherance thereof sent by mail…

2Cases cited9 opinions

  1. Hopt v. UtahSupreme Court of the United States · 1887
  2. Pennsylvania Co. v. RoySupreme Court of the United States · 1880
  3. Throckmorton v. HoltSupreme Court of the United States · 1901
  4. Crumpton v. United StatesSupreme Court of the United States · 1891
  5. Humes v. United StatesSupreme Court of the United States · 1898

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3Cited by24 opinions

  1. William Dennis Riggs v. United StatesCourt of Appeals for the Fifth Circuit · 1960
  2. United States v. FeinbergCourt of Appeals for the Second Circuit · 1944
  3. United States v. Frank CostelloCourt of Appeals for the Second Circuit · 1955
  4. People v. GordonCalifornia Court of Appeal · 1945
  5. Kelly v. United StatesCourt of Appeals for the Sixth Circuit · 1919

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