CONSOLIDATED MACHINE TOOL CORP.

v.

COLLINS CO.

Citator

Cited By

• United States v. Daniel "Danny Blue Eyes", 590 F.2d 1379 (5th Cir. 1979)
  …nt of the District Court is, as to each and every appellant, AFFIRMED. . In the concurring panel opinion, 583 F. 2d at 760, the origin of the “slight evidence” rule was traced to Tomplain v. United States, 5 Cir., 1930, 42 F. 2d 202, cert. denied, 282 U.S. 886, 51 S.Ct. 90, 75 L.Ed. 781. From 1930, when the Tomplain court introduced the slight evidence rule, until 1963, only 12 reported federal cases at the circuit level cited it, and fewer than 15 did so from 1963 to 1970. Since 1970, however, use of th…
• United States v. Durrive, 902 F.2d 1221 (7th Cir. 1990)
  …r to that in Meyers and Phelps: "Where a conspiracy is established, but slight evidence connecting a defendant therewith may still be substantial, and if so, sufficient." Id. (quoting Tomplain v. United States, 42 F. 2d 202 (5th Cir.), cert. denied, 282 U.S. 886, 51 S.Ct. 90, 75 L.Ed. 781 (1930)). Curiously, nowhere in Tomplain is there any language to the effect that "slight evidence” may be "substantial.” Tom-plain merely stated, without any citation to authority, "The conspiracy was conclusively establis…
• United States v. Daniel "Danny Blue Eyes", 583 F.2d 748 (5th Cir. 1978)
  …tion of the “slight evidence” rule in the Fifth Circuit requires re-examination of nearly a half century of case law. The earliest case on point that I have been able to discover is Tomplain v. United States, 5 Cir. 1930, 42 F. 2d 202, cert. denied, 282 U.S. 886, 51 S.Ct. 89, 75 L.Ed. 781 (1930). There, in affirming a conspiracy conviction, the Court stated, “The conspiracy was conclusively established, and but slight evidence connecting the defendants was necessary. If the conflict was resolved in favor of…