Legal Opinion
Irven Green and Robert Benjamin Smith v. United States of America, Arnold Jack Johnson v. United States
Court of Appeals for the Fifth Circuit
Decided November 2, 1962No. 18928_1PublishedCited by 132 opinions
1Opinion of the Court
WISDOM, Circuit Judge.
This is still another case in which the Allen or “dynamite” charge is the focal point of the appeal. We reverse and remand.
The appeals in these cases, here consolidated for decision, present identical questions of law arising from the conviction of the defendants for conspiracy to violate the Internal Revenue Code by conducting moonshining and bootlegging operations. The defendants, Green, Johnson, and Smith, along with seven others, were indicted in the Northern District of Florida. The indictment alleged twenty-three overt acts in furtherance of the conspiracy,…
2Cases cited18 opinions
- Allen v. United StatesSupreme Court of the United States · 1896
- Burton v. United StatesSupreme Court of the United States · 1905
- Brasfield v. United StatesSupreme Court of the United States · 1926
- United States v. JohnsonSupreme Court of the United States · 1944
- United States v. James Hugh RogersCourt of Appeals for the Fourth Circuit · 1961
13 more not listed; retrieve them via the Exa API.
3Cited by132 opinions
- United States v. Linette Perez, United States of America v. Juancho Alcantera, United States of America v. Edmundo BatoonCourt of Appeals for the Third Circuit · 2002
- United States v. John Fioravanti, Nicholas Panaccione, and Angelo Pepe, Nicholas PanaccioneCourt of Appeals for the Third Circuit · 1969
- United States v. Elliott Kahaner, Antonio Corallo and James Vincent KeoghCourt of Appeals for the Second Circuit · 1963
- United States v. Anthony C. ThomasCourt of Appeals for the D.C. Circuit · 1971
- Posey v. United StatesCourt of Appeals for the Fifth Circuit · 1969
127 more not listed; retrieve them via the Exa API.