Legal Opinion

Robins v. United States

Court of Appeals for the Eighth Circuit

Decided November 15, 1919No. 5230PublishedCited by 13 opinions

In Error to the District Court of the United States for the Eastern District of Arkansas; Jacob Trieber, Judge. Paul E. Robins was convicted of a violation of Penal Code, § 215, and brings error.

1Opinion of the Court

CARLAND, Circuit Judge.

The plaintiff in error, hereafter called defendant, was convicted and sentenced upon the first count of an in*127dictment which charged a violation of section 215, Penal Code (Act Cong. March 4, 1909, c. 321, 35 Stat. 1130 [Comp. St. § 10385]). A demurrer to this count was overruled, and this ruling is assigned as error.

[1] Counsel for defendant has fallen into error in assuming that section 215 of the Penal Code is the same as the old section 5480, United States Rev. Stat. The cases cited in support of the contention that the indictment must charge that the scheme to…

2Cases cited4 opinions

  1. United States v. YoungSupreme Court of the United States · 1914
  2. United States v. MaxeyDistrict Court, E.D. Arkansas · 1912
  3. United States v. GoldmanDistrict Court, N.D. Ohio · 1913
  4. United States v. YoungDistrict Court, W.D. Washington · 1914

3Cited by13 opinions

  1. Weiss v. United StatesCourt of Appeals for the Fifth Circuit · 1941
  2. Tincher v. United StatesCourt of Appeals for the Fourth Circuit · 1926
  3. Feinberg v. United StatesCourt of Appeals for the Eighth Circuit · 1924
  4. Tucker v. United StatesCourt of Appeals for the Eighth Circuit · 1925
  5. Morris v. United StatesCourt of Appeals for the Eighth Circuit · 1925

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