Martin 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. Eugene P. Martin was convicted of accepting bribes and extortion, and brings error. The indictment contained seven counts. The first six charged that defendant accepted bribes as a special agent of the Department of Justice in violation of section 117 of the Criminal Code (Comp. St. § 10287). The seventh count charged extortion under section 85 (Comp.
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In Error to the District Court of the United States for the Southern District of New York. Eugene P. Martin was convicted of accepting bribes and extortion, and brings error. The indictment contained seven counts. The first six charged that defendant accepted bribes as a special agent of the Department of Justice in violation of section 117 of the Criminal Code (Comp. St. § 10287). The seventh count charged extortion under section 85 (Comp. St. § 10253). Defendant was acquitted upon the first five counts and convicted on the sixth and seventh counts. Defendant was a special agent of the…
1Opinion of the CourtMayer, Circuit Judge
(after stating the facts as above). [1] 1. It is contended that the seventh count fails to charge a crime, because the statute fails to define extortion. Section 85 of the Criminal Code reads as follows:
“Every officer, clerk, agent, or employee of tlie United States, and every i>er-son representing himself to be or assuming to act as such officer, clerk, agent, or employee, who, under color of his office, clerkship, agency, or employment or under color of his pretended or assumed office, clerkship, agency, or employment, is guilty of extortion, and every person who shall attempt any act which…
2Cases cited7 opinions
- Wiborg v. United StatesSupreme Court of the United States · 1896
- United States v. SmithSupreme Court of the United States · 1820
- Grimm v. United StatesSupreme Court of the United States · 1895
- United States v. KingU.S. Circuit Court for the District of Eastern New York · 1888
- United States v. WightU.S. Circuit Court for the District of Eastern Michigan · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- United States v. ReisenweberCourt of Appeals for the Second Circuit · 1923
- United States v. Gerard P. TrottaCourt of Appeals for the Second Circuit · 1975
- O'BRIEN v. United StatesCourt of Appeals for the Seventh Circuit · 1931
- Heaton v. United StatesCourt of Appeals for the Second Circuit · 1922
- Koa Gora v. Territory of HawaiiCourt of Appeals for the Ninth Circuit · 1946
2 more not listed; retrieve them via the Exa API.