Legal Opinion

Oppenheim v. United States

Court of Appeals for the Second Circuit

Decided April 17, 1917No. Nos. 98, 99, 109PublishedCited by 19 opinions

In Error to the District Court of the United States for the Northern District of New York. Baron Eugene Francois Ernest Oppenheim, Howard J. Rogers, and Richard Murphy were convicted of conspiracy (228 Fed. 220), and they bring error.

1Opinion of the Court

WARD, Circuit Judge.

The defendants, together with W. T. Brice, were indicted under the first count for conspiracy to commit an offense against the United States under section 37 of the Crim*627inal Code (Act March 4, 1909, c. 321, 35 Stat. 1096 [Comp. St. 1916, § 10201]), viz. to abstract and misapply the funds of the First National Bank of Amsterdam, and under 460 following counts with the crime of aiding and abetting Brice to abstract and misapply the funds of the said bank, under section 332 of the Criminal Code (Comp. St. 1916, § 10506), and section 5209, U. S. Rev. Stat. (Comp, St. 1916, §…

2Cases cited9 opinions

  1. Wiborg v. United StatesSupreme Court of the United States · 1896
  2. Crawford v. United StatesSupreme Court of the United States · 1909
  3. Starr v. United StatesSupreme Court of the United States · 1894
  4. Edgington v. United StatesSupreme Court of the United States · 1896
  5. Hicks v. United StatesSupreme Court of the United States · 1893

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3Cited by19 opinions

  1. United States v. Antonelli Fireworks Co.Court of Appeals for the Second Circuit · 1946
  2. United States v. Joseph Omotunde FilaniCourt of Appeals for the Second Circuit · 1996
  3. United States v. Malik NasirCourt of Appeals for the Third Circuit · 2020
  4. Weare v. United StatesCourt of Appeals for the Eighth Circuit · 1924
  5. Kreiner v. United StatesCourt of Appeals for the Second Circuit · 1926

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