BUCHANAN

v.

TEXAS

Citator

Cited By

• United States v. Barket, 530 F.2d 181 (8th Cir. 1975)
  …nse of the § 656 violation. One offense is a lesser included offense of another only if, in order to commit the greater offense, it is necessary to commit the lesser. See United States v. Eisenberg, 469 F. 2d 156, 162 (8th Cir. 1972), cert. denied, 410 U.S. 992, 93 S.Ct. 1515, 36 L.Ed.2d 190 (1973). Manifestly, there are many ways to misapply funds, in violation of § 656, without consenting to a political contribution in violation of § 610. It is thus possible to commit the greater offense without committi…
• United States v. Burton A. Librach, 520 F.2d 550 (8th Cir. 1975)
  …not suppressed. Favorable pretrial statements or grand jury testimony by prospective government witnesses need not be disclosed until after the witness testifies at trial. United States v. Eisenberg, 469 F. 2d 156, 160 (8th Cir. 1972), cert. denied, 410 U.S. 992, 93 S.Ct. 1515, 36 L.Ed.2d 190 (1973). The defendant’s complaint that the withholding lulled him into a false sense of security concerning Fowler’s testimony is unconvincing. Librach’s counsel effectively cross-examined Fowler using the witness’s…
• United States v. Brown, 604 F.2d 557 (8th Cir. 1979)
  …st committing the lesser, for otherwise the lesser is not properly a lesser offense to [the] greater.” United States v. Nelson, 563 F. 2d 928, 930 (8th Cir. 1977), quoting United States v. Eisenberg, 469 F. 2d 156, 162 (8th Cir. 1972), cert. denied, 410 U.S. 992, 93 S.Ct. 1515, 36 L.Ed.2d 190 (1973). Possession was not a necessary element of the conspiracy offense charged, since conviction for the conspiracy could have been established by proof that the defendant committed any one of three overt acts alleg…