FABIAN ET AL.

v.

UNITED STATES

Citator

Cited By (20 total)

• United States v. Pearlstein, 576 F.2d 531 (3d Cir. 1978)
  …and comprehension. United States v. New South Farm & Home Co., 241 U.S. 64, 71, 36 S.Ct. 505, 60 L.Ed. 890 (1916); United States v. Serlin, 538 F. 2d 737, 743-44 (7th Cir. 1976); Fabian v. United States, 358 F. 2d 187, 193 (8th Cir.), cert. denied, 385 U.S. 821, 87 S.Ct. 46, 17 L.Ed.2d 58 (1966); United States v. Bruce, supra at 1229; United States v. Schall, 371 F.Supp. 912, 916 (W.D.Pa.1974), aff’d mem., Appeal of Nikolich, 503 F. 2d 1400 (3d Cir.), cert. denied, 420 U.S. 993, 95 S.Ct. 1432, 43 L.Ed.2d 6…
• United States v. Bohr, 581 F.2d 1294 (8th Cir. 1978)
  …ity that a juror was involved in a large farming operation was crucial to the defendant, he had ample opportunity to have the jury questioned about such interests. Cf. Fabi [*1303] an v. United States, 358 F. 2d 187, 190-91 (8th Cir.), cert. denied, 385 U.S. 821, 87 S.Ct. 46, 17 L.Ed.2d 58 (1966). Furthermore, nothing in the affidavit even remotely suggests that on a new trial this “newly discovered evidence” would produce acquittal. Unstipulated Polygraph Test. Bohr took a polygraph test and advised the…
• United States v. Nance, 502 F.2d 615 (8th Cir. 1974)
  …reira v. United States, 347 U.S. 1, 8, 74 S.Ct. 358, 98 L.Ed. 435 (1954). “Scheme” to defraud within the purview of this section involves some connotation of planning and pattern. Fabian v. United States, 358 F. 2d 187, 193 (8th Cir.), cert. denied, 385 U.S. 821, 87 S.Ct. 46, 17 L.Ed.2d 58 (1966). Thus, intent to defraud is an essential element. It may be inferred by all the facts and circumstances surrounding a transaction. United States v. Porter, 441 F. 2d 1204, 1210 (8th Cir. cert. denied, 404 U.S. 911,…