NEAL
v.
UNITED STATES

U.S. | 1941-01-13
No. 582
312 U.S. 679 Supreme Court of the United States (1941) Positive Treatment
Cited by 3 cases

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  • Ervin Albert Haas v. United States, 344 F.2d 56 (8th Cir. 1965)
    …es that such testimony would become relevant had there been a competent showing that the defendant was without funds prior to the robbery, such as indicated by this court in Neal v. United States, 8 Cir., 1939, 102 F. 2d 643, 648, certiorari denied, 312 U.S. 679, 61 S.Ct. 448, 85 L.Ed. 1118: “In short the evidence of possession of a large sum of money by the defendant immediately after a theft raises a presumption of fact that the money found is a part of the stolen money and that the defendant was connect…
  • Lancey v. United States, 356 F.2d 407 (9th Cir. 1966)
    …s soon as possible.” Each party suggests that Neal v. United States, 102 F. 2d 643 (8th Cir. 1939), is. the leading case on the subject. (For subsequent history of the Neal case, cf. Neal v. United States, 114 F. 2d 1000 (8th Cir. 1940), cert. den. 312 U.S. 679, 61 S.Ct. 448, 85 L.Ed. 1118 (1941).) That case holds: “To sustain a conviction * * * for misprision of felony it was incumbent upon the government to prove beyond a reasonable doubt (1) that * * * the principal, had committed and completed the fel…
  • Emery v. United States, 127 F.2d 561 (8th Cir. 1942)
    …ts found in the record, which we have not bothered to detail, obviously created questions of credibility, weight and ultimate fact, which .necessarily were matters for jury resolution. Neal v. United States, 8 Cir., 114 F. 2d 1000, certiorari denied 312 U.S. 679, 61 S.Ct. 448, 85 L.Ed. 1118; Roberts v. United States, 8 Cir., 96 F. 2d 39. Appellant’s final contention is that the court erred in refusing to give his tendered instruction that the state officers of South Dakota, who had originally undertaken th…

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