Sandals v. United States
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Eastern Division of the Northern District of Ohio; John M. Killits, Judge. Charles A. Sandals and another were convicted of using the United States mails in execution of a scheme to defraud, and they bring error. Plaintiffs in error were convicted on charges of using the United States mails in execution of a scheme to defraud.
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In Error to the District Court of the United States for the Eastern Division of the Northern District of Ohio; John M. Killits, Judge. Charles A. Sandals and another were convicted of using the United States mails in execution of a scheme to defraud, and they bring error. Plaintiffs in error were convicted on charges of using the United States mails in execution of a scheme to defraud. The scheme is set out in the first count of the indictment, and is incorporated into the subsequent (seven) counts by specific reference; and its execution as far as alleged is shown in the ordinary manner in…
1Opinion of the CourtWarrington, Circuit Judge
(after stating the facts as above). We are convinced that the judgment below will have to be reversed and a new trial awarded for error in the charge; but in the first place we shall dispose of several initial questions which might otherwise recur at the next hearing. *
[1] It is urged that two distinct dates are laid in each count of the indictment as the'time of the offense. This is a mistake. Counsel seem to be in doubt whether the offense charged was committed when the scheme was devised or when it was carried into execution. While defendants were entitled to be so advised of the…
2Cases cited19 opinions
- Durland v. United StatesSupreme Court of the United States · 1896
- Starr v. United StatesSupreme Court of the United States · 1894
- Hickory v. United StatesSupreme Court of the United States · 1896
- United States v. YoungSupreme Court of the United States · 1914
- Harrison v. United StatesCourt of Appeals for the Sixth Circuit · 1912
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3Cited by35 opinions
- United States v. BrandtCourt of Appeals for the Second Circuit · 1952
- Chew v. United StatesCourt of Appeals for the Eighth Circuit · 1925
- Kasle v. United StatesCourt of Appeals for the Sixth Circuit · 1916
- Tuckerman v. United StatesCourt of Appeals for the Sixth Circuit · 1923
- Weare v. United StatesCourt of Appeals for the Eighth Circuit · 1924
30 more not listed; retrieve them via the Exa API.