Cooke v. United States

Fifth Circuit

Cooke v. United States

82 F. 1000, 27 C.C.A. 678, 1897 U.S. App. LEXIS 2028

CourtCourt of Appeals for the Fifth Circuit

DecidedJune 7, 1897

DocketNo. 583

StatusPublished

This text of 82 F. 1000 (Cooke v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cooke v. United States, 82 F. 1000, 27 C.C.A. 678, 1897 U.S. App. LEXIS 2028 (5th Cir. 1897).

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Opinion

PER OURIAM.

In this case, in which J. H. Cooke, the plaintiff in error, was indicted, tried, convicted, and sentenced for embezzlement of money order funds, of the United States, the United States, through their counsel, confess error in the peremptory instruction given by the trial judge to find the plaintiff in error guilty; and being satisfied that, under the facts and circumstances of the case, such peremptory instruction was erroneous, the judgment of the district court must he reversed, and the cause remanded, with instructions to set aside the verdict heretofore rendered, and award a new trial. Other important questions arise upon the record, and are assigned as error, hut upon them we make no ruling whatever, because they have not hern fully argued, and need not necessarily arise on another trial of the ease. Reversed and remanded.

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PER OURIAM.

In this case, in which J. H. Cooke, the plaintiff in error, was indicted, tried, convicted, and sentenced for embezzlement of money order funds, of the United States, the United States, through their counsel, confess error in the peremptory instruction given by the trial judge to find the plaintiff in error guilty; and being satisfied that, under the facts and circumstances of the case, such peremptory instruction was erroneous, the judgment of the district court must he reversed, and the cause remanded, with instructions to set aside the verdict heretofore rendered, and award a new trial. Other important questions arise upon the record, and are assigned as error, hut upon them we make no ruling whatever, because they have not hern fully argued, and need not necessarily arise on another trial of the ease. Reversed and remanded.

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Bluebook (online)

82 F. 1000, 27 C.C.A. 678, 1897 U.S. App. LEXIS 2028, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cooke-v-united-states-ca5-1897.