Legal Opinion

Horowitz v. United States

Court of Appeals for the Second Circuit

Decided December 19, 1919No. 23PublishedCited by 20 opinions

In Error to the District Court of the United States for the Southern District of New York. Criminal prosecution by the United States, against Hyman Horowitz and Benjamin Horowitz. Judgment of conviction, and defendants bring error.

1Opinion of the Court

WARD, Circuit Judge.

This is a writ of error to a judgment of conviction of Hyman Florowitz and Benjamin, his son, upon an indictment under section 36, U. S. Criminal Code (Comp. St. § 10200), which reads:

“WIxoever shall steal, embezzle, or knowingly apply to Ms own use, or unlawfully sell, convey, or dispose of, any ordnance, arms, ammunition, clotMng, subsistence, stores, money, or other property of the United States furnished or to he used for the military or naval service shall be punished as proscribed in . the preceding section.”

The indictment contains six counts, in each of which both…

2Cases cited3 opinions

  1. Pointer v. United StatesSupreme Court of the United States · 1894
  2. McElroy v. United StatesSupreme Court of the United States · 1896
  3. Arnold v. United StatesSupreme Court of the United States · 1893

3Cited by20 opinions

  1. Wong Tai v. United StatesSupreme Court of the United States · 1927
  2. Mulloney v. United StatesCourt of Appeals for the First Circuit · 1935
  3. Savage v. United StatesCourt of Appeals for the Eighth Circuit · 1920
  4. United States v. De VastoCourt of Appeals for the Second Circuit · 1931
  5. United States v. Anthony G. "Amos" AmadioCourt of Appeals for the Seventh Circuit · 1954

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