Legal Opinion
United States v. William R. Wabaunsee and Vivian Wabaunsee
Court of Appeals for the Seventh Circuit
Decided December 30, 1975No. 75-1004, 75-1005PublishedCited by 48 opinions
1Opinion of the Court
CASTLE, Senior Circuit Judge.
The question raised in this appeal is whether an indictment is sufficient as a matter of law where it fails to allege an essential element of the offense sought to be charged but instead merely cites the statute section of the offense.
William R. Wabaunsee and Vivian Wabaunsee were indicted for interstate transportation of stolen property having a value in excess of $5,000.00 in violation of 18 U.S.C. § 2314. The one-count indictment alleged:
Between on or about October 21, 1973 and on or about October 28, 1973, defendants did transport in interstate commerce from…
2Cases cited21 opinions
- Russell v. United StatesSupreme Court of the United States · 1962
- United States v. DebrowSupreme Court of the United States · 1953
- Smith v. United StatesSupreme Court of the United States · 1959
- United States v. Alfred ManuszakCourt of Appeals for the Third Circuit · 1956
- Fred Stein v. United StatesCourt of Appeals for the Ninth Circuit · 1962
16 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- State v. KjorsvikWashington Supreme Court · 1991
- United States v. Herman ChanenCourt of Appeals for the Ninth Circuit · 1977
- United States v. Frank Smith, Keith McCain Russell Ellis, Eric Wilson, Sherman Moore, Steven Pink and Charles PoteeteCourt of Appeals for the Seventh Circuit · 2000
- United States v. Abraham HernandezCourt of Appeals for the Seventh Circuit · 2003
- United States v. J. Murray Hooker, IICourt of Appeals for the Fourth Circuit · 1988
43 more not listed; retrieve them via the Exa API.