Legal Opinion

Gruher v. United States

Court of Appeals for the Second Circuit

Decided December 11, 1918No. 22PublishedCited by 14 opinions

In Error to the District Court of the United States for the Southern District of New York. Kalman Gruher was convicted of having conspired to violate the provisions of the Selective Service Daw, and he brings error.

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In Error to the District Court of the United States for the Southern District of New York. Kalman Gruher was convicted of having conspired to violate the provisions of the Selective Service Daw, and he brings error. The plaintiff in error, who was the defendant below, and who is hereinafter referred to as the “defendant,” has been convicted under an indictment which charged him. with having conspired to violate tho provisions of section 6 of the Act of Congress of May 18, 1917, c. 15, 40 Slat. 80 (Comp. St. 1918, § 2044Í), entitled “An act to authorize the President to increase temporarily…

1Opinion of the CourtRogers, Circuit Judge

(after stating the facts as above)'. There was no error committed in denying the motion to dismiss the indictment.

[1] The indictment specifically charges the defendant with an offense against the United States. It declares that defendant, Cherey, and Bemfeld willfully, knowingly, and feloniously conspired together and agreed among themselves to violate section 6 of the Draft Act. By the express terms of the Draft Act it is made a misdemeanor for any person charged with the duty of carrying into effect any of the provisions of the act, to make any false or incorrect registration, physical…

2Cases cited4 opinions

  1. United States v. RabinowichSupreme Court of the United States · 1915
  2. Houston v. United StatesCourt of Appeals for the Ninth Circuit · 1914
  3. United States v. ShevlinDistrict Court, D. Massachusetts · 1913
  4. United States v. WuppermanDistrict Court, N.D. New York · 1914

3Cited by14 opinions

  1. Rumely v. United StatesCourt of Appeals for the Second Circuit · 1923
  2. Vause v. United StatesCourt of Appeals for the Second Circuit · 1931
  3. Vannata v. United StatesCourt of Appeals for the Second Circuit · 1923
  4. United States v. OffuttCourt of Appeals for the D.C. Circuit · 1942
  5. Fabian v. United StatesCourt of Appeals for the Second Circuit · 1926

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