Spaugh

Spaugh v. United States

Good Law
77 F.2d 720·1935 U.S. App. LEXIS 4682
United States Court of Appeals for the Ninth CircuitMay 20, 1935No. 7650California1,009 words

Opinion

Lead Opinion

Garrecht, J.

Appellant J. V. Spaugh, together with appellant Harry M. Curry and eleven others, was indicted on a charge of conspiracy to make, forge, and counterfeit certain orders and writings, to wit, United States Liberty Loan bonds. This indictment, for convenience, will be hereafter referred to as the “conspiracy indictment.” Six other indictments were returned against several groups of defendants named in the conspiracy indictment. The indictments contained various counts charging different groups of defendants therein named with the substantive offenses of forging Liberty bonds and uttering the same, but in none of which was appellant Spaugh named as defendant. The conspiracy indictment was consolidated for- trial with the six other indictments in which appellant Spaugh was not mentioned.

This action of the court was objected to by appellant Spaugh and exception saved and the ruling made assigned as error. As *721 appellant Curry is not concerned with this contention, and as the judgment of conviction must be reversed on other grounds, and because we have before us none of the evidence adduced at the trial, we refrain from expressing any opinion on this assignment of error.

After the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.