UNITED STATES

v.

B-W CONSTRUCTION CO.

Citator

Cited By (11 total)

• United States v. Isaacs, 493 F.2d 1124 (7th Cir. 1974)
  …dley were subsidiary to their probe of Kerner’s involvement in the allocation of racing dates. A duplicitous count is one which charges more than one distinct and separate offense. United States v. Crummer, 10 Cir., 151 F. 2d 958, 963, cert. denied 327 U.S. 785, 66 S.Ct. 704, 90 L.Ed. 1012. A count does not become duplicitous because more than one means may be alleged to have been involved in the commission of the single offense. Id. See also Driscoll v. United States, 1 [*1155] Cir., 356 F. 2d 324, 331, v…
• Dranow v. United States, 307 F.2d 545 (8th Cir. 1962)
  …re not relevant to the charge made or contain inflammatory and prejudicial matter. The motion to strike what appellant claims was “surplusage” in his indictment is without merit. See, United States v. Crammer, 151 F. 2d 958 (10 Cir. 1945) cert. den. 327 U.S. 785, 66 S.Ct. 704, 90 L.Ed. 1012. “(d) The Trial Court should have dismissed the Indictment as preju-dicially duplicitous because it alleged several distinct offenses in one count.” The proper remedy where allegations of an indictment are unnecessary…
• United States v. Toney, 598 F.2d 1349 (5th Cir. 1979)
  …8); Barnes v. U. S., 25 F. 2d 61, 64 (CA8) (letter need not show on its face that it is in furtherance of scheme), cert. denied, 278 U.S. 607, 49 S.Ct. 12, 73 L.Ed. 533 (1928); U. S. v. Crummer, 151 F. 2d 958, 964 (CA10, 1945) (same), cert. denied, 327 U.S. 785, 66 S.Ct. 704, 90 L.Ed. 1012 (1946), the jury could reasonably find that the participants in the fraudulent scheme intended that Carver’s writing and mailing of the count letters would at least delay further complaints. Thus, the jury could find th…