Legal Opinion

United States v. Mook

Court of Appeals for the Second Circuit

Decided February 6, 1942PublishedCited by 10 opinions

1Per curiam

Mook was convicted of violating the Interstate Commerce Act, 49 U.S.C.A. § 1 et seq., and. appealed. Thereafter he died; and his administratrix now seeks to revive the appeal. The authorities give us no alternative but to dismiss the appeal. 1 Nevertheless, we think it may not be amiss to say that it seems to us that the next-of-kin of a convicted person who dies pending an appeal have an interest in clearing his good name, which Congress might well believe would justify a change in the law.

The appellant, Fleming, was convicted at the same time, but in his case sentence was suspended and he…

2Cases cited13 opinions

  1. Berman v. United StatesSupreme Court of the United States · 1937
  2. United States v. PomeroyU.S. Circuit Court for the District of Southern New York · 1907
  3. United States v. DunneCourt of Appeals for the Ninth Circuit · 1909
  4. Birnbaum v. United StatesCourt of Appeals for the Fourth Circuit · 1939
  5. United States v. LecatoCourt of Appeals for the Second Circuit · 1928

8 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Zalkind v. ScheinmanCourt of Appeals for the Second Circuit · 1943
  2. City of Newark v. PulvermanSupreme Court of New Jersey · 1953
  3. Mack Daniel and Ab Daniel v. United StatesCourt of Appeals for the Fifth Circuit · 1959
  4. United States v. KnetzerDistrict Court, S.D. Illinois · 1954
  5. United States v. FlemingCourt of Appeals for the Second Circuit · 1943

5 more not listed; retrieve them via the Exa API.

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