Legal Opinion

United States v. Martin

District Court, W.D. South Carolina

Decided September 23, 1886PublishedCited by 4 opinions

Indictment under Rev. St. U. S. § 5480, for using the mails for the furtherance of a fraudulent scheme and device. The section reads as follows: “See. 5480. If any person, having devised or intending to devise any scheme or artifice to defraud or be effected by either opening, or intending to open, correspondence or communication with any other person, whether resident within or outside.of the United States, by means of the post-office establishment of the United States, or…

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Indictment under Rev. St. U. S. § 5480, for using the mails for the furtherance of a fraudulent scheme and device. The section reads as follows: “See. 5480. If any person, having devised or intending to devise any scheme or artifice to defraud or be effected by either opening, or intending to open, correspondence or communication with any other person, whether resident within or outside.of the United States, by means of the post-office establishment of the United States, or by inciting such other person to open communication with the person so devising or intending, shall, in and for…

1Opinion of the CourtSimonton, J.

The defendant, under the name of William Henry, alias <T. J. Smith, etc., had been indicted under section 5480 of the Revised Statutes, for depositing in the mail a letter or packet in furtherance of a fraudulent scheme or device, to be carried out by the use of the post-office department. The indictment contained three several charges, based on distinct acts. Ho was found guilty, and a motion in arrest of judgment was entered, which has not yet been hoard. Before the verdict was rendered in that case, the defendant under the name of William Martin, alias, etc., was presented by the grand…

2Cited by4 opinions

  1. Hanley v. United StatesCourt of Appeals for the Second Circuit · 1903
  2. State v. MateraDistrict Court of Appeal of Florida · 1979
  3. United States v. ClarkDistrict Court, M.D. Pennsylvania · 1903
  4. United States v. McVickarU.S. Circuit Court for the District of Southern New York · 1908

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