PERFECTION DISAPPEARING BED COMPANY, INC., ET AL.

v.

MURPHY WALL BED COMPANY ET AL.

Citator

Cited By

• Herman v. United States, 289 F.2d 362 (5th Cir. 1961)
  …f the substantive offense does not necessarily constitute a determination that the overt act was not committed the acquittal does not preclude a conviction on the conspiracy count. Rothman v. United States, 2 Cir., 1920, 270 F. 31, certiorari denied 254 U.S. 652, 41 S.Ct. 149, 65 L. Ed. 458; Allen v. United States, 4 Cir., 1937, 89 F. 2d 954. In this case the jury decided that Slofsky and Rapaport were not conspirators. That finding erased the slate of any overt act performed by a conspirator. Consequently…
• United States v. Pandolfi, 110 F.2d 736 (2d Cir. 1940)
  …is that the prosecution failed to produce a prima facie case against each of these appellants. The claim of error for asserted inconsistency in the jury’s verdict is not sustainable. Rothman v. United States, 2 Cir., 270 F. 31, 37, certiorari denied 254 U.S. 652, 41 S.Ct. 149, 65 L.Ed. 458; Seiden v. United States, 2 Cir., 16 F. 2d 197; Dunn v. United States, 284 U.S. 390, 393, 52 S.Ct. 189, 76 L.Ed. 356, 80 A.L.R. 161. And the errors assigned as to the admission of evidence refer to matters trivial in the…
• Pomerantz v. United States, 51 F.2d 911 (3d Cir. 1931)
  …n of the appellant that his acquittal of the charge of manufacturing intoxicating liquor exonerates him of the charge of conspiracy to commit the substantive crime is untenable. Rothman v. United States, 270 F. 31, 37 (C. C. A. 2), certiorari denied 254 U. S. 652, 41 S. Ct. 149, 65 L. Ed. 458; United States v. Anderson, 31 F.(2d) 436, 437 (C. C. A. 9). It is not necessary to show that he himself actually did anything to effect the object of the conspiracy. An overt act committed by any one of the conspirator…