Malvezzi v. United States

Sixth Circuit

Malvezzi v. United States

2 F.2d 954, 1924 U.S. App. LEXIS 2213

Court of Appeals for the Sixth Circuit·Decided December 12, 1924·No. No. 4168·Published

Opinion

PER CURIAM.

1. In our judgment, the second count, by its reference to and incorporation of the allegations of the first count, fully charges the crime of which defendants were convicted, viz. that of receiving goods stolen while being transported in interstate commerce, with knowledge that they had been stolen.

2. This case was tried before the announcement of our opinions in the Wallace Case, 291 F. 972, the Parker Case, 2 F.(2d) 710, and the Kolp Case, 2 F.(2d) 953, decided December 1, 1924. For that reason alone we refrain from commenting upon the charge of the court, other than to say that in vital matters it went beyond the limits indicated in those cases.

Reversed and remanded.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

1. In our judgment, the second count, by its reference to and incorporation of the allegations of the first count, fully charges the crime of which defendants were convicted, viz. that of receiving goods stolen while being transported in interstate commerce, with knowledge that they had been stolen.

2. This case was tried before the announcement of our opinions in the Wallace Case, 291 F. 972, the Parker Case, 2 F.(2d) 710, and the Kolp Case, 2 F.(2d) 953, decided December 1, 1924. For that reason alone we refrain from commenting upon the charge of the court, other than to say that in vital matters it went beyond the limits indicated in those cases.

Reversed and remanded.

Malvezzi v. United States, 2 F.2d 954, 1924 U.S. App. LEXIS 2213 (6th Cir. 1924).

Pincite

2 F.2d 954 (Malvezzi v. United States) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related