BURKE

v.

DISTRICT COURT

Citator

Cited By

• Smith v. United States, 273 F.2d 462 (10th Cir. 1959)
  …other grounds, 324 U.S. 293, 65 S.Ct. 661, 89 L.Ed. 564. All that is necessary is a plain, concise and definite written statement of the essential facts constituting the offense. Cathcart v. United States, 10 Cir., 244 F. 2d 74, certiorari denied, 354 U.S. 924, 77 S.Ct. 1387, 1 L.Ed.2d 1439. Although count 4 pleads in the disjunctive, the acts were related and grew out of the same transaction and clearly it was not intended to charge separate and distinct offenses in one count. Travis v. United States, 10…
• Bailey v. United States, 410 F.2d 1209 (10th Cir. 1969)
  …dequate and not misleading. United States v. Bentley, 6 Cir., 310 F. 2d 685. See, Mims v. United States, 10 Cir., 332 F. 2d 944, cert. denied, 379 U.S. 888, 85 S.Ct. 158, 13 L.Ed.2d 92; Cathcart v. United States, 10 Cir., 244 F. 2d 74, cert. denied, 354 U.S. 924, 77 S.Ct. 1387, 1 L.Ed.2d 1439. The purpose of the kidnaping need not be for reward or pecuniary gain. United States v. Healy, 376 U.S. 75, 84 S.Ct. 553, 11 L.Ed.2d 527. It is urged that the court erred in the admission of two photographs of Mrs. J…
• Kitchens v. United States, 272 F.2d 757 (10th Cir. 1959)
  …ct acts as a •crime, an information or indictment in the language of the statute alleging more than one of the statutory offenses is not •duplicitous, if pleaded in the conjunctive. Cathcart v. United States, 10 Cir., 244 F. 2d 74, certiorari denied 354 U.S. 924, 77 S.Ct. 1387, 1 L.Ed.2d 1439; McDonough v. United States, 10 Cir., 227 F. 2d 402; Troutman v. United States, 10 Cir., 100 F. 2d 628. Kitchens was not misled by the charges, which, in fact, lie admitted in an attempt to protect his wife. In defini…