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Davis v. United States

Davis v. United States, 125 F.2d 144 (6th Cir. 1942)
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Court
Court of Appeals for the Sixth Circuit · U.S. Courts of Appeals
Decided
January 9, 1942
Docket
No. 8867
Citations
125 F.2d 1441942 U.S. App. LEXIS 4331

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

PER CURIAM.

Upon an appeal from a judgment and sentence under the Mail Fraud Statute, 18 U.S.C.A. §.338, the sole question raised by the appellant is that the letter in evidence deposited in the United States mails' was not so deposited until after the consummation of the fraud; that in consequence the offense was not cognizable under the statute and that the District Court was without jurisdiction to try the offender.

It appearing, however, that a reasonable inference from the tenor of the letter, is that it is in continuance of the fraud, or for the purpose of aiding in the retention of its fruits, to lull the victim into a false sense of security and to postpone the taking of action with respect to his loss, and to delay discovery, Therefore,

Upon the authority of Bogy v. United States, 6 Cir., 96 F.2d 734 , and Preeman v. United States, 7 Cir., 244 F. 1 , the judgment in the above cause is hereby affirmed and the sentence therein imposed sustained.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1943: 11952: 11959: 11966: 119432026peak 1943 · 1

Relies on it most ⓘ

  1. Blue v. United States138 F.2d 351 (6th Cir. 1943)
  2. United States v. Guterma179 F. Supp. 420 (E.D.N.Y. 1959)
  3. Edward Gordon v. United States358 F.2d 112 (5th Cir. 1966)
  4. United States v. Clark108 F. Supp. 388 (D.D.C. 1952)

Most recent

  1. Edward Gordon v. United States358 F.2d 112 (5th Cir. 1966)
  2. United States v. Guterma179 F. Supp. 420 (E.D.N.Y. 1959)
  3. United States v. Clark108 F. Supp. 388 (D.D.C. 1952)
  4. Blue v. United States138 F.2d 351 (6th Cir. 1943)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Bogy v. United States, 96 F.2d 734 (6th Cir. 1938) 63
Preeman v. United States, 244 F. 1 (7th Cir. 1917) 61

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