Fowler v. United States
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Northern Division of the Western District of Washington; Edward E. Cushman, Judge. Demuel.S. Fowler, Thomas Singer, and others were convicted of conspiracy, and the named defendants bring error.
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In Error to the District Court of the United States for the Northern Division of the Western District of Washington; Edward E. Cushman, Judge. Demuel.S. Fowler, Thomas Singer, and others were convicted of conspiracy, and the named defendants bring error. The plaintiffs in error, Lemuel S. Fowler and Thomas Singer, with 15 others, were indicted under three counts: Under count 1, for having conspired to commit an offense against the United States — that is, to violate section 1 of the Act of Congress approved February 13, 1913 (Comp. St. § 8603) ; the purposes and objects being to break the…
1Opinion of the CourtWolverton, District Judge
(after stating the facts as above).
[1] By their third assignment of error, plaintiffs in error challenge the sufficiency of each count of the indictment. Counsel in his brief here admits the sufficiency of the-first count, but insists that the second and third counts are not good, because the property that it was charged to be the purpose of the conspirators to purloin was not the property of the United States, and could not be so considered, within *17the purview of section 35 of the Penal Code as amended, or of section 37 of such Code (Comp. St. § 10201).
We think it a sufficient answer to this…
2Cases cited3 opinions
- Davis v. United StatesCourt of Appeals for the Sixth Circuit · 1901
- Reilley v. United StatesCourt of Appeals for the Sixth Circuit · 1901
- Doyle v. United StatesCourt of Appeals for the Sixth Circuit · 1909
3Cited by24 opinions
- United States v. VarelliCourt of Appeals for the Seventh Circuit · 1969
- United States v. Mayo Perez, DefendantsappellantsCourt of Appeals for the Fifth Circuit · 1974
- United States v. Cecil Dwayne Evans, Arnold Gene Tate, and Charles Edward Gent, Jr.Court of Appeals for the Fifth Circuit · 1978
- Marino v. United StatesCourt of Appeals for the Ninth Circuit · 1937
- United States v. Harry P. Hutul, Robert Sacks, Herbert Basan, Nancy Mitchell, and Vito LombardiCourt of Appeals for the Seventh Circuit · 1970
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