Legal Opinion

United States v. Merrill H. Klein A/K/A "Morrie" Appeal of Carl Luick

Court of Appeals for the Third Circuit

Decided April 30, 1975No. 74-1295PublishedCited by 55 opinions

1Opinion of the Court

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

Appellant, Carl Luick, and three others were indicted for mail fraud, 18 U.S.C. § 1341, 1 and for conspiracy to commit mail fraud, 18 U.S.C. § 371. 2 Luick was convicted on all counts. 3 On this appeal we must decide whether there was sufficient evidence to show that Luick knew he was dealing with a conspiracy to defraud several insurance companies of the proceeds owing on fire insurance policies. Because we believe there was insufficient evidence of that knowledge, we reverse.

I

The alleged conspiracy revolved around a scheme to destroy by…

2Cases cited20 opinions

  1. Glasser v. United StatesSupreme Court of the United States · 1942
  2. Stirone v. United StatesSupreme Court of the United States · 1960
  3. United States v. FeolaSupreme Court of the United States · 1975
  4. Direct Sales Co. v. United StatesSupreme Court of the United States · 1943
  5. United States v. FalconeSupreme Court of the United States · 1940

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3Cited by55 opinions

  1. Government of the Virgin Islands v. Schiller TotoCourt of Appeals for the Third Circuit · 1976
  2. United States v. Anthony Provenzano, Stephen Andretta, and Thomas AndrettaCourt of Appeals for the Third Circuit · 1980
  3. UNITED STATES of America, Appellee, v. Lloyd DIXON, Jr., AppellantCourt of Appeals for the Second Circuit · 1976
  4. United States v. LoreCourt of Appeals for the Third Circuit · 2005
  5. United States v. PearlsteinCourt of Appeals for the Third Circuit · 1978

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