GILMORE

v.

UNITED STATES

Citator

Cited By

• Schmeller v. United States (three cases), 143 F.2d 544 (6th Cir. 1944)
  …e bars conviction on another charge is whether the same evidence would be required to establish the commission of both crimes. Copperthwaite v. United States, 6 Cir., 37 F. 2d 846; Gilmore v. United States, 10 Cir., 124 F. 2d 537, certiorari denied, 316 U.S. 661, 62 S. Ct. 941, 86 L.Ed. 1738. While certain evidence under the two counts is identical, much of the evidence necessary to establish conspiracy is not required nor proper for proof of the substantive charge. Conspiracy involves the element of agreem…
• Jordan v. United States Dist. Court FOR THE Dist. OF Columbia, 233 F.2d 362 (D.C. Cir. 1956)
  …(b) not as establishing separate-crimes with separate elements from those-in Section 5S8b(a), but merely as providing for longer sentence when the aggravating element is present, Wells v. United States, 5 Cir., 1941, 124 F. 2d 334 certiorari denied, 316 U.S. 661, 62 S.Ct. 941, 86 L.Ed. 1738, rehearing denied, 1942, 316 U.S. 708, 62 S.Ct. 1039, 86 L.Ed. 1775; Durrett v. United States, 5 Cir., 1939, 107 F. 2d 438. The Meyers casesoems thus to be on all fours with the-instant one. The view taken by the- [*367]…
• United States v. Capson, 347 F.2d 959 (10th Cir. 1965)
  …against a person who is accused and who is to be tried by petit jury. Counselman v. Hitchcock, 142 U.S. 547, 12 S.Ct. 195, 35 L.Ed. 1110 (1892). See also this court’s opinion in Gilmore v. United States, 129 F. 2d 199 (10th Cir., 1942), cert. denied 316 U.S. 661, 62 S.Ct. 941, 86 L.Ed. 1738 (1942). We do not believe that classification by a Selective Service Board is a criminal trial. See Imboden v. United States, 194 F. 2d 508 (6th Cir., 1952), cert. denied 343 U.S. 957, 72 S.Ct. 1052, 96 L.Ed. 1257 (1952)…