Shepard v. United States
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Southern Division of the Southern District of California. Frederick M. Shepard and another were convicted of the crime of conspiracy to import into the United States smoking opium in violation of law, and the named defendant brings error.
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In Error to the District Court of the United States for the Southern Division of the Southern District of California. Frederick M. Shepard and another were convicted of the crime of conspiracy to import into the United States smoking opium in violation of law, and the named defendant brings error. Indictment under section 37 of the federal Penal Code (Act of March 4, 1909 ; 35 Stat. pt. 1, pp. 1088, 1006), charging F. M. Shepard and A. C. Brown with the crime of conspiracy to import into the United States from Mexico 80 cans of smoking opium, and to receive, conceal, buy, sell, and facilitate…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). 1. The indictment in this case contains but one count. The errors assigned relate to the overruling of a demurrer to the indictment, the giving of certain instructions to the jury, the refusal of the court to give certain instructions- requested by the defendant, the denial of the motion of defendant for a new trial, and tire denial of a motion in ar'rest of judgment.
Section 37 of the Penal Code of the United States (Act of March 4, 1909, c. 321; 35 Stat. 1088, 1096) provides:
“If two or more persons conspire either to commit any offense against the United…
2Cases cited10 opinions
- Allen v. United StatesSupreme Court of the United States · 1896
- Simmons v. United StatesSupreme Court of the United States · 1891
- Hopt v. UtahSupreme Court of the United States · 1887
- Dunbar v. United StatesSupreme Court of the United States · 1895
- Holmgren v. United StatesSupreme Court of the United States · 1910
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- United States v. RoweCourt of Appeals for the Second Circuit · 1932
- Rudner v. United StatesCourt of Appeals for the Sixth Circuit · 1922
- Beland v. United StatesCourt of Appeals for the Fifth Circuit · 1938
- Matter of Application of ShepardCalifornia Court of Appeal · 1917
- United States v. LutzCourt of Appeals for the Third Circuit · 1944
12 more not listed; retrieve them via the Exa API.