McNiel v. United States
Court of Appeals for the Fifth Circuit
In Error to the District Court of the United States for the Northern District of Texas. The plaintiff in error was convicted in the court a quo on the third count of an indictment charging as follows: “And the grand jurors aforesaid, upon their oaths aforesaid, do further present into open court that heretofore, to wit, on the tenth day of May, A. D. 1905, one Cleve McNiel was duly and lawfully adjudged a bankrupt, within the meaning and purview of the acts of the Congress…
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In Error to the District Court of the United States for the Northern District of Texas. The plaintiff in error was convicted in the court a quo on the third count of an indictment charging as follows: “And the grand jurors aforesaid, upon their oaths aforesaid, do further present into open court that heretofore, to wit, on the tenth day of May, A. D. 1905, one Cleve McNiel was duly and lawfully adjudged a bankrupt, within the meaning and purview of the acts of the Congress of the United States of America, by W. B. Paddock, referee in bankruptcy for the Ft. Worth Division of the Northern…
1Opinion of the CourtPardee, Circuit Judge
(after stating the facts). Only two assignments of error seem to be relied upon in this court:
1. That the court erred in rejecting the evidence of Attorney Smith as recited in the statement of the case. If it be conceded that, in a class of offenses similar to the one in hand, criminal intent may be negatived by showing that the accused, after full statement of facts to counsel, in committing or doing the act in .question acted under the advice of counsel (as to which see Barnett v. State, 89 Ala. 170, 7 South. 414; United States v. Conner, 3 McLean, 573, Fed. Cas. No. 14,847; United States…
2Cases cited10 opinions
- United States v. CarllSupreme Court of the United States · 1882
- Rosen v. United StatesSupreme Court of the United States · 1896
- United States v. HessSupreme Court of the United States · 1888
- Evans v. United StatesSupreme Court of the United States · 1894
- Dunbar v. United StatesSupreme Court of the United States · 1895
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Alexander Bisno v. United StatesCourt of Appeals for the Ninth Circuit · 1962
- Rulovitch v. United StatesCourt of Appeals for the Third Circuit · 1923
- Tapack v. United StatesCourt of Appeals for the Third Circuit · 1915
- Scaffidi v. United StatesCourt of Appeals for the First Circuit · 1930
- Alexander Bisno v. United StatesCourt of Appeals for the Ninth Circuit · 1962
2 more not listed; retrieve them via the Exa API.