Legal Opinion

Matters v. United States

Court of Appeals for the Eighth Circuit

Decided July 11, 1917No. 4626PublishedCited by 4 opinions

In Error to the 'District Court of the United States for the District of Nebraska; F. A. Youmans, Judge. Criminal, prosecution by the United States against Thomas H. Matters. Judgment of conviction, and defendant brings error.

1Opinion of the Court

CARLAND, Circuit Judge.

Matters was convicted and sentenced upon an indictment which in 20 counts charged him with violating *737section 5209, Rev. St. (Comp. St. 1916, § 9772). The indictment was attacked by motion to quash and by demurrer. The ruling of the trial court in sustaining the indictment is assigned as error, but counsel have not seriously pressed the assignment, further than to draw our attention to what seems to counsel a misconception on the part of the trial court of the essential elements of the crime denounced by the statute. We have, examined the indictment and have no doubt of…

2Cases cited4 opinions

  1. Agnew v. United StatesSupreme Court of the United States · 1897
  2. Moffatt v. United StatesCourt of Appeals for the Eighth Circuit · 1916
  3. United States v. RintelenDistrict Court, S.D. New York · 1916
  4. Lowdon v. United StatesCourt of Appeals for the Fifth Circuit · 1906

3Cited by4 opinions

  1. United States v. GouledDistrict Court, S.D. New York · 1918
  2. United States v. PerlmanDistrict Court, S.D. New York · 1917
  3. Swogger v. StateNebraska Supreme Court · 1928
  4. Havener v. United StatesCourt of Appeals for the Eighth Circuit · 1926

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