Lehman v. United States
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York. This case comes here by writ of error to review an order of the United States Circuit Court for the Southern District of New York directing a judgment upon a'verdict of a jury finding the defendant guilty of a violation of section 5440 of the Revised Statutes [U. S. Comp. St. 1901, p. 3676]. No evidence was offered on behalf of the accused.
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In Error to the Circuit Court of the United States for the Southern District of New York. This case comes here by writ of error to review an order of the United States Circuit Court for the Southern District of New York directing a judgment upon a'verdict of a jury finding the defendant guilty of a violation of section 5440 of the Revised Statutes [U. S. Comp. St. 1901, p. 3676]. No evidence was offered on behalf of the accused. At the conclusion of the evidence for the government, counsel for the accused moved to dismiss on the ground that the government had failed to make out a case on the…
1Opinion of the Court
TOWNSEND, Circuit Judge.
The indictment comprises six counts, charging the accused, under section 5440 of the Revised Statutes of the United States [U. S. Comp. St. 1901, p. 3676], with conspiring to commit an offense against the United, States, being an offense created by section 5480 of said Revised Statutes, as amended by the act of March 2, 1889, c. 393, § 1, 25 Stat. 873 [U. S. Comp. St. 1901, p. 3696]. Section 5440 [U. S. Comp. St. 1901, p. 3676] makes it a crime for two or more persons to conspire to commit an offense against the United States where one or more of such parties did any…
2Cases cited14 opinions
- Cochran & Sayre v. United StatesSupreme Court of the United States · 1895
- Evans v. United StatesSupreme Court of the United States · 1894
- Claassen v. United StatesSupreme Court of the United States · 1891
- Stokes v. United StatesSupreme Court of the United States · 1895
- State v. FlintSupreme Court of Missouri · 1876
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3Cited by9 opinions
- Sunderland v. United StatesCourt of Appeals for the Eighth Circuit · 1927
- Jones v. United StatesCourt of Appeals for the Ninth Circuit · 1908
- Boone v. United StatesCourt of Appeals for the Eighth Circuit · 1919
- O'Hara v. United StatesCourt of Appeals for the Sixth Circuit · 1904
- Billingsley v. United StatesCourt of Appeals for the Eighth Circuit · 1910
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