Legal Opinion

Heitler v. United States

Court of Appeals for the Seventh Circuit

Decided April 10, 1917No. Nos. 2414, 2415PublishedCited by 15 opinions

In Error to the District Court of the United States for the Eastern Division of the Northern District of Illinois. Michael Heitler and Dolly Shaffner were convicted of an offense, and they each bring error.

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In Error to the District Court of the United States for the Eastern Division of the Northern District of Illinois. Michael Heitler and Dolly Shaffner were convicted of an offense, and they each bring error. Plaintiffs in error, Michael Heitler and Dolly Shaffner, together with Mollie Epstein and Dave Iiosensweig, were indicted for conspiracy to transport liosie Frameovitz, in interstate commerce, for purposes of prostitution, from Chicago, Ill., to Gary, Ind., in violation of the White Slave Traffic Act. All were tried together. Epstein and Iiosensweig were called as witnesses for the…

1Opinion of the CourtAeschurer, Circuit Judge

(after stating the facts as above).

[1] 1. In general, defendants on trial, if testifying at their own request, are competent witnesses for the government against their co-defendants on trial- with them. The act of Congress of March 16, 1878, provides that in the trial of indictments, informations, etc., the person charged shall at his own request, and not otherwise, be a competent witness, and that his failure to make such request shall not create any presumption against him. This act renders any of a plurality of defendants on trial competent to- testify either in his own behalf, or on…

2Cases cited10 opinions

  1. Caminetti v. United StatesSupreme Court of the United States · 1917
  2. Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
  3. People v. GrayIllinois Supreme Court · 1911
  4. Diggs v. United StatesCourt of Appeals for the Ninth Circuit · 1915
  5. Wolfson v. United StatesCourt of Appeals for the Fifth Circuit · 1900

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3Cited by15 opinions

  1. United States v. William BentvenaCourt of Appeals for the Second Circuit · 1963
  2. United States v. RiedelCourt of Appeals for the Seventh Circuit · 1942
  3. Hughes v. StateAlaska Supreme Court · 1973
  4. United States v. Carmine J. Persico, Jr., Salvatore Albanese, Hugh McIntosh Ralph Spero, and George LafanteCourt of Appeals for the Second Circuit · 1962
  5. United States v. KaraviasCourt of Appeals for the Seventh Circuit · 1948

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