Milby v. United States
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the District of Kentucky. . The indictment in this case is based upon section 5480 of the Revised Statutes of the United States, as amended by the act of March 2, 1889 (25 Stat. 873), and embraces three counts.
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In Error to the District Court of the United States for the District of Kentucky. . The indictment in this case is based upon section 5480 of the Revised Statutes of the United States, as amended by the act of March 2, 1889 (25 Stat. 873), and embraces three counts. A demurrer having been sustained as to the third count, and overruled as to the first and second counts, the case was submitted to the jury upon .the first and second counts, and the trial "resulted in a verdict of acquittal on the second count, and conviction on the first count. A motion in arrest of judgment was overruled, and…
1Opinion of the CourtClark, District Judge
The contention “on behalf of plaintiff in error is that the first count in the indictment does not state the facts and particulars of a scheme to defraud, such as would constitute an offense under the statute. It is obvious that, unless a very general description of the offense in the language- of the statute is permissible, this objection is well taken, provided the letter itself, which is set out in the indictment, does not disclose the necessary facts and particulars of a scheme to. defraud, against which the statute is directed. In Stokes v. U. S., 157 U. S. 187, 15 Sup. Ct. 617, 39 L.…
2Cases cited13 opinions
- United States v. CruikshankSupreme Court of the United States · 1876
- Pettibone v. United StatesSupreme Court of the United States · 1893
- Durland v. United StatesSupreme Court of the United States · 1896
- United States v. CarllSupreme Court of the United States · 1882
- United States v. HessSupreme Court of the United States · 1888
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3Cited by13 opinions
- Harrison v. United StatesCourt of Appeals for the Sixth Circuit · 1912
- Bettman v. United StatesCourt of Appeals for the Sixth Circuit · 1915
- Horman v. United StatesCourt of Appeals for the Sixth Circuit · 1902
- Tucker v. United StatesCourt of Appeals for the Sixth Circuit · 1915
- Post v. United StatesCourt of Appeals for the Fifth Circuit · 1905
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