NIEDERMEYER ET UX.

v.

COMMISSIONER OF INTERNAL REVENUE

Citator

Cited By (71 total)

• United States v. Giese, 597 F.2d 1170 (9th Cir. 1979)
  …ements which are the gist of the offense: “the agreement, the unlawful object towards which the agreement is directed, and an overt act in furtherance of the conspiracy.” United States [*1178] v. Charnay, 537 F. 2d 341, 350 (9th Cir.), cert. denied, 429 U.S. 1000, 97 S.Ct. 528, 50 L.Ed.2d 610 (1976). Because “the conspiracy is the gist of the crime” in such an indictment, “it is not necessary to allege with technical precision all the elements essential to the commission of the offense which is the object…
• United States v. Bohonus, 628 F.2d 1167 (9th Cir. 1980)
  …, as we must, that all of the allegations of the indictment are true. Boyce Motor Lines, Inc. v. United States, 342 U.S. 337, 343 n. 16, 72 S.Ct. 329, 332, 96 L.Ed. 367 (1952), United States v. Chamay, 537 F. 2d 341, 347 n. 7 (9th Cir.), cert. den., 429 U.S. 1000, 97 S.Ct. 527, 50 L.Ed.2d 610 (1976). Any additional facts which may be shown at trial will not be considered. Las Vegas Merchant Plumbers Ass’n v. United States, 210 F. 2d 732, 741 (9th Cir.), cert. den., 348 U.S. 817, 75 S.Ct. 29, 99 L.Ed. 645 (19…
• United States v. Read, 658 F.2d 1225 (7th Cir. 1981)
  …e court also properly refused to instruct the jury that the defendants must have intended that their actions would influence a securities transaction. No such intent is required. United States v. Charnay, 537 F. 2d 341, 352 (9th Cir.), cert. denied, 429 U.S. 1000, 97 S.Ct. 527, 50 L.Ed.2d 610 (1976). D Spiegel also complains that the court restricted his cross-examination of Bernard Magdovitz by excluding evidence allegedly showing that Magdovitz had committed improprieties at Cenco before he claimed to kn…