EVANS
v.
UNITED STATES (NO. 2)
Mr. Justice Brown delivered the opinion of the court. As the verdict of guilty was rendered upon all the counts, and the sentence did not exceed that which might properly have been imposed upon conviction under any single count, such sentence is good if any such count is found to be sufficient! As the fourteenth, fifteenth, and sixteenth counts of this indictment are the same as the eighth, ninth, and tenth of the other indictment, which were held to be good, except that the defendant is charged with aiding and abetting the president instead of the cashier in the fraudulent misapplication of the Nettleton notes, and the twentieth bears the same resemblance to the fourteenth of the other, it follows that these counts are also good, and the judgment of the court below is, therefore,
Affirmed.
Mb. Justice Field dissented for the reasons stated in his dissenting opinion in Evans v. United States, ante, 584.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By (17 total)
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Abrams v. United States, 250 U.S. 616 (U.S. 1919)…he sentence imposed did not exceed that which might lawfully have been imposed under any single count, the judgment upon the verdict of the jury must be affirmed if the evidence is sufficient to sustain any one of the counts. Evans v. United States, 153 U. S. 608; Claassen v. United States, 142 U. S. 140; Debs v. United States, 249 U. S. 211, 216. The first of the two articles attached to the indictment is conspicuously headed, “The Hypocrisy of the United States and her Allies.” After denouncing President…
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Street v. New York, 394 U.S. 576 (U.S. 1969)…63, 299 (1929); Abrams v. United States, 250 U. S. 616, 619 (1919); Ballew v. United States, 160 U. S. 187, 197-203 (1895); Goode v. United States, 159 U. S. 663, 669 (1895); Evans v. United States, 153 U. S. 584, 595 (1894); Evans v. United States, 153 U. S. 608 (1894). This Court has recognized the applicability of the same rule to court-martial proceedings, Carter v. McClaughry, 183 U. S. 365, 384-387 (1902); to forfeiture actions, Snyder v. United States, 112 U. S. 216, 217 (1884), Clifton v. United Stat…
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Brooks v. United States, 267 U.S. 432 (U.S. 1925)…victions can be sustained on the first count in each indictment under the- verdict, there is no ground for reversing the case because of error in charging as to the second count. Claassen v. United States, 142 U. S. 140, 146; Evans v. United States, 153 U. S. 608, 609; Abrams v. United States, 250 U. S. 616, 619; Pierce v. United States, 252 U. S. 239, 252. There are some objections made to the form of some questions put by the District Attorney» We do not think .they are shown to have been sufficiently pre…
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