Farmer v. United States
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. This cause comes here upon writ of error to review judgment of conviction of the plaintiffs in error upon an indictment charging them and several others with conspiracy and with devising a scheme to defraud and using the mails in furtherance thereof. Sections 37 and 215, Criminal Code.
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In Error to the District Court of the United States for the Southern District of New York. This cause comes here upon writ of error to review judgment of conviction of the plaintiffs in error upon an indictment charging them and several others with conspiracy and with devising a scheme to defraud and using the mails in furtherance thereof. Sections 37 and 215, Criminal Code. Stated generally, the scheme was to induce persons to purchase books upon false representations, not only as to their rarity and value, but also as to the present existence of other persons of abundant means, who were…
1Opinion of the Court
LACOMBE, Circuit Judge.
[1, 2] The indictment contained five counts; the fourth and fifth were dismissed with the consent of the government; we need consider only the first three. Counts 2 and 3 *907charged a violation of section 215 of the Criminal Code. Count 1 charged a conspiracy (section 37) to commit a violation of that section (215). Under the first count, therefore, the government had to sustain a heavier burden of proof as to the intent of the conspirators than under the other two. Under 215 it is sufficient to show an intent on the part of the deviser or devisers of the scheme to defraud…
2Cases cited5 opinions
- Weeks v. United StatesSupreme Court of the United States · 1914
- Durland v. United StatesSupreme Court of the United States · 1896
- Marshall v. United StatesCourt of Appeals for the Second Circuit · 1912
- Larkin v. United StatesCourt of Appeals for the Seventh Circuit · 1901
- United States v. RyanDistrict Court, E.D. Arkansas · 1903
3Cited by46 opinions
- Weiss v. United StatesCourt of Appeals for the Fifth Circuit · 1941
- United States v. CohenCourt of Appeals for the Second Circuit · 1944
- United States v. RoweCourt of Appeals for the Second Circuit · 1932
- Cochran v. United StatesCourt of Appeals for the Eighth Circuit · 1930
- Stewart v. United StatesCourt of Appeals for the Eighth Circuit · 1924
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