NAMED INDIVIDUAL MEMBERS OF THE SAN ANTONIO CONSERVATION SOCIETY ET AL.

v.

TEXAS HIGHWAY DEPARTMENT ET AL.

Citator

Cited By (54 total)

• State v. Percell J. Wise, 664 So. 2d 1028 (Fla. 2d DCA 1995)
  …ent was prepared and mailed or where the statement was received. U.S. v. Wuagneux, 683 F. 2d 1343 (11th Cir.1982), cert, denied, 464 U.S. 814, 104 S.Ct. 69, 78 L.Ed.2d 83 (1983). Accord U.S. v. McGre-gor, 503 F. 2d 1167 (8th Cir.1974), cert, denied, 420 U.S. 926, 95 S.Ct. 1122, 43 L.Ed.2d 395 (1975) (use of mails to defraud may be prosecuted in district where communication sent or received). As we stated in Smith v. State, 532 So. 2d at 52, “[s]ection 836.10 is justified by the right of all persons to live…
• United States v. Brown, 540 F.2d 364 (8th Cir. 1976)
  …d, and (2) the mailing of a letter, etc., for the purpose of executing the scheme.” Pereira v. United States, 347 U.S. 1, 8, 74 S.Ct. 358, 362, 98 L.Ed. 435 (1954); see United States v. Nance, [*374] 502 F. 2d 615, 618 (8th Cir. 1974), cert. denied, 420 U.S. 926, 95 S.Ct. 1123, 43 L.Ed.2d 396 (1975). Since the term “scheme to defraud” connotes some degree of planning by the perpetrator, it is essential that the evidence show the defendant entertained an intent to defraud. United States v. Nance, supra at 61…

  ← 1 / 3 →
• United States v. Rabbitt, 583 F.2d 1014 (8th Cir. 1978)
  …a proper request is entered.” United States v. Brown, 540 F. 2d 364, 380 (8th Cir. 1976). However, the court is entitled “to use its own language in framing instructions.” United States v. Nance, 502 F. 2d 615, 619-20 (8th Cir. 1974), cert. denied, 420 U.S. 926, 95 S.Ct. 1123, 43 L.Ed.2d 396 (1975). Consequently, it is sufficient if the charge to the jury adequately and correctly covers the substance of the requested instruction. See United States v. Brown, supra; United States v. Nance, supra. Rabbitt co…