Dolan v. United States
This text of 4 F.2d 251 (Dolan v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
We have here conviction and punishment as for a third offense. An allegation in an indictment that an offense is a second one is a conclusion, and it should be sufficiently shown that the later offense occurred after the conviction for the earlier one. Even so, this indictment alleges and the proof shows a sufficiently early conviction as and for1 a second offense; it must be presumed that such conviction was rightful, and this presumption sufficiently cures any possible lack of particularity by not stating the date of the offense which was the basis of , that conviction.
The judgment is affirmed, and the mandate will issue forthwith.
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Cite This Page — Counsel Stack
4 F.2d 251, 1925 U.S. App. LEXIS 2948, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dolan-v-united-states-ca6-1925.