Legal Opinion

Magon v. United States

Court of Appeals for the Ninth Circuit

Decided October 6, 1919No. 3318PublishedCited by 5 opinions

In Error to the District Court of the United States for the Southern, Division of the Southern District of California; Benjamin F. Bled-soe, Judge. Criminal prosecution by the United States against Ricardo Flores Magon and Librado Rivera. Judgment of conviction, and defendants bring error.

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In Error to the District Court of the United States for the Southern, Division of the Southern District of California; Benjamin F. Bled-soe, Judge. Criminal prosecution by the United States against Ricardo Flores Magon and Librado Rivera. Judgment of conviction, and defendants bring error. The indictment under which the plaintiffs in error were convicted in the court below contained six counts, to the second of which a demurrer was sustained, and it is here contended by their counsel that none of the others stated any criminal offense against either of the defendants thereto. In substance,…

1Opinion of the CourtRoss, Circuit Judge

(after stating the facts as above). [1] It is clear that all of the acts charged against the defendants were connected together and concerned the same transactions, and were therefore of the same class of offenses. In such circumstances it is expressly declared by statute that they may be included in the same indictment, the statute being: ■

“When there are several charges against any person for the same act or transaction, or for two or more acts or transactions connected together, or for two or more acts or transactions of the same class of crimes or offenses, which *813may bo properly joined,…

2Cases cited6 opinions

  1. Crain v. United StatesSupreme Court of the United States · 1896
  2. Frohwerk v. United StatesSupreme Court of the United States · 1919
  3. Blitz v. United StatesSupreme Court of the United States · 1894
  4. Glass v. United StatesCourt of Appeals for the Ninth Circuit · 1915
  5. Sidebotham v. United StatesCourt of Appeals for the Ninth Circuit · 1918

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

3Cited by5 opinions

  1. United States v. MantonCourt of Appeals for the Second Circuit · 1938
  2. Anderson v. United StatesCourt of Appeals for the Ninth Circuit · 1920
  3. Rossi v. United StatesCourt of Appeals for the Ninth Circuit · 1922
  4. State v. SchafferMontana Supreme Court · 1921
  5. United States v. Roy W. JohneCourt of Appeals for the Seventh Circuit · 1963

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