Sufficiency Of Indictment

1,362 Florida cases classified under this topic · sorted by citation count

• Ewert v. State
  48 Fla. 36· Fla.· 1904-06-01 ·cited 17×
  Freddie Ewert was convicted of first-degree murder in Monroe County Circuit Court and sentenced to death. The Florida Supreme Court affirmed his conviction, rejecting multiple challenges to the indictment, verdict, jury instructions, and trial procedure.
• Palatka & Indian River R.R. Co. v. State
  23 Fla. 546· Fla.· 1887-06-01 ·cited 17×
  The Florida Supreme Court reversed a conviction for obstructing a public highway, holding that while a railroad company may be held criminally liable for obstructing a highway, it is not required to remove the railroad entirely but may instead abate the nuisance by reconstructing
• United States v. Poole
  929 F.2d 1476· 10th Cir.· 1991-04-04 ·cited 16×
  The court held that the indictment was sufficient, the admission of prior drug sale testimony under Rule 404(b) was proper, the jury instructions were not misleading, and the sentencing based on the total drug quantity was appropriate.
• United States v. Darrell
  828 F.2d 644· 10th Cir.· 1987-09-04 ·cited 16×
  The court held that the indictment language was sufficient, the evidence supported the guilty verdicts for all counts, the defendant waived his right to cross-examine certain witnesses, and the defendant's name was properly charged as James Regan Darrell.
• United States v. E.W. Freeman
  813 F.2d 303· 10th Cir.· 1987-03-05 ·cited 16×
  The court held that the defendant's motion for arrest of judgment was untimely and that the indictment and jury instructions were not fatally defective or unconstitutionally vague.
• United States v. Joseph "Jo Jo" Fitapelli
  786 F.2d 1461· 11th Cir.· 1986-04-21 ·cited 16×
  The court held that the indictment was fatally defective regarding the 'flow theory' of interstate commerce, and the trial court's instruction on this uncharged theory constituted reversible error. However, sufficient evidence existed for the 'effect theory' of interstate commerc
• United States v. Lennon
  751 F.2d 737· 5th Cir.· 1985-01-11 ·cited 16×
  The court held that the jury instruction on the elements of 18 U.S.C. § 2314 was erroneous because it allowed conviction even if the fraudulently obtained portion of the transported property was less than $5,000. The statute requires that the fraudulently obtained property transp
• United States v. Richardson
  687 F.2d 952· 7th Cir.· 1982-08-23 ·cited 16×
  The court held that the nature of the custody or confinement is an essential element of the offense under 18 U.S.C. § 751(a), which must be alleged in the indictment and proven at trial.
• United States v. Cord
  654 F.2d 490· 7th Cir.· 1981-07-20 ·cited 16×
  An indictment under 18 U.S.C. § 912 is not defective for failing to allege intent to defraud, and photographic identification procedures were not impermissibly suggestive.
• United States v. Ellsworth
  647 F.2d 957· 9th Cir.· 1981-06-08 ·cited 16×
  The court held that while the evidence supported a conviction for simple assault, it was insufficient to support the charge of assault with a deadly weapon. The court also found no due process violation regarding the disclosure of witness statements and upheld the indictment and
• United States v. Broome
  628 F.2d 403· 5th Cir.· 1980-10-15 ·cited 16×
  A defendant who pleads nolo contendere waives all non-jurisdictional defects and is limited to challenging whether the indictment states an offense, which this indictment did.
• United States v. Kirby
  587 F.2d 876· 7th Cir.· 1978-11-30 ·cited 16×
  The court held that the indictment's conspiracy count was sufficient, that the objects of the conspiracy fell within federal jurisdiction, and that the false statement counts were constitutionally applied.
• United States v. Haley
  581 F.2d 723· 8th Cir.· 1978-08-16 ·cited 16×
  The court held that the warrantless search of the defendant's briefcase was justified by exigent circumstances, and the indictment was sufficient.
• United States v. Clark
  546 F.2d 1130· 5th Cir.· 1977-02-09 ·cited 16×
  An indictment is sufficient if it contains the elements of the offense and fairly informs the defendant of the charge, enabling him to plead double jeopardy. Good faith reliance on government assurances is not a defense to fraud where the defendant is the party misleading the gov
• United States v. Lester
  541 F.2d 499· 5th Cir.· 1976-10-29 ·cited 16×
  The court held that the trial court erred in refusing to instruct the jury on the defense of payment, as simultaneous payment negates the element of wrongful intent required for conversion under 18 U.S.C.A. § 1711.
• United States v. Brookshire
  514 F.2d 786· 10th Cir.· 1975-04-28 ·cited 16×
  The court held that using an interbank deposit as a compensating balance for a personal loan to a bank officer constitutes a wilfull misapplication of bank funds in violation of 18 U.S.C. § 656.
• United States v. Analla
  490 F.2d 1204· 10th Cir.· 1974-01-29 ·cited 16×
  The court held that the indictment was sufficient, the racial classification in 18 U.S.C. § 1153 is constitutional, and the trial court did not err in refusing certain jury instructions or in sentencing.
• United States v. Cohen
  450 F.2d 1019· 5th Cir.· 1971-11-19 ·cited 16×
  The court held that the trial court's jury instructions on the definition of 'willfully' in a bail jumping case were erroneous and prejudicial.
• United States v. Halperin
  441 F.2d 612· 5th Cir.· 1971-04-22 ·cited 16×
  The admission of certain police records used for impeachment was prejudicial error, and the indictment may have been fatally defective.
• Hopkins v. United States
  405 F.2d 770· 9th Cir.· 1969-01-09 ·cited 16×
  The court held that the indictment was not fatally ambiguous and that the defendant was not prejudiced, as he understood the charges against him.
• Snowden v. United States
  384 F.2d 357· 5th Cir.· 1967-10-16 ·cited 16×
  The court held that an indictment for unlawful sale of narcotics is sufficient even if it does not identify the purchaser, and that prosecutorial remarks and jury instructions were not erroneous.
• United States v. Mixon
  374 F.2d 20· 6th Cir.· 1967-02-27 ·cited 16×
  The court held that an indictment for conspiracy under 21 U.S.C. § 174 is sufficient if it cites the statute, and that the jury charge, when read as a whole, did not commit plain error regarding the imputation of possession.
• Doyle Francis Davidson v. United States
  312 F.2d 163· 8th Cir.· 1963-01-21 ·cited 16×
  The court held that enticing a child into a car and driving across state lines, even without physical restraint, constitutes an involuntary seizure and restraint within the meaning of the Federal Kidnaping Act, and that the defendant's statement to the FBI was admissible.
• United States v. Thomas
  303 F.2d 561· 6th Cir.· 1962-06-15 ·cited 16×
  The court held that the indictment's first count, despite a minor omission, was sufficient because a valid sentence was imposed under the second count, and the evidence was sufficient to support the conviction.
• United States v. Rinaldo Dominic DI Pietroantonio
  289 F.2d 122· 2d Cir.· 1961-04-17 ·cited 16×
  The court held that the indictment sufficiently advised the defendant of the offenses charged, and the evidence was sufficient to support the conviction.
• United States v. Davis
  272 F.2d 149· 7th Cir.· 1959-11-17 ·cited 16×
  The court held that the indictment was sufficient and that the trial court did not err in denying the motion to suppress evidence, as the alleged violations by government agents did not fall under the exceptions requiring suppression.
• Martin v. United States
  248 F.2d 651· D.C. Cir.· 1957-10-03 ·cited 16×
  The court held that the appellant's claims of ineffective assistance of counsel and conviction for a single offense were insufficient to warrant vacating the sentence under 28 U.S.C. § 2255.
• Bistram v. United States
  237 F.2d 243· 8th Cir.· 1956-10-18 ·cited 16×
  The court held that a second motion to vacate a sentence, raising new grounds not previously considered, should not be summarily denied as successive without a hearing, especially when the government confesses error.
• Gulf Coast Shrimpers & Oystermans Ass'n v. United States
  236 F.2d 658· 5th Cir.· 1956-09-06 ·cited 16×
  The court held that the evidence was sufficient to support jury verdicts finding appellants guilty of violating the Sherman Anti-Trust Act, and that the indictment and jury instructions were not fatally flawed.
• Will Parks Clay v. United States
  218 F.2d 483· 5th Cir.· 1955-01-12 ·cited 16×
  The court held that the indictment was insufficient to charge a felony offense of willful attempt to evade wagering occupational tax, as it only alleged facts supporting a misdemeanor offense of willful failure to pay.
• United States v. Cosentino (two cases)
  191 F.2d 574· 7th Cir.· 1951-09-28 ·cited 16×
  A plea of nolo contendere admits the facts alleged in the indictment, and the court is not required to hear evidence before sentencing.
• Walker v. United States
  176 F.2d 796· 9th Cir.· 1949-08-30 ·cited 16×
  The indictment was insufficient because it failed to allege that the appellant was a person required by law to register under the relevant statute, an essential element of the offense.
• Hicks v. United States
  173 F.2d 570· 4th Cir.· 1949-03-07 ·cited 16×
  The court held that the indictment, evidence, and testimony were sufficient to sustain the conviction.
• Sandroff v. United States
  158 F.2d 623· 6th Cir.· 1946-12-10 ·cited 16×
  The court held that the trial court committed reversible error by unduly restricting the cross-examination of key government witnesses regarding potential immunity or leniency, which is crucial for testing their credibility.
• United States v. Groopman
  147 F.2d 782· 2d Cir.· 1945-02-27 ·cited 16×
  The court held that the evidence was sufficient to support convictions for conspiracy to make false statements under the National Housing Act, and that the trial court's jury instructions and evidentiary rulings were proper.
• United States v. Laudani
  134 F.2d 847· 3d Cir.· 1943-03-16 ·cited 16×
  The court held that the KickBack Act is not sufficiently broad to cover the defendant's alleged acts, and the indictment should be quashed.
• Keys v. United States
  126 F.2d 181· 8th Cir.· 1942-03-12 ·cited 16×
  The court held that an indictment for transmitting a threatening communication in interstate commerce is sufficient if it alleges all essential elements of the offense, even if it does not set out a copy of the communication in haec verba, provided no prejudice to the defendant i
• Hastings v. Hudspeth
  126 F.2d 194· 10th Cir.· 1942-02-26 ·cited 16×
  The court held that defects in an indictment not affecting jurisdiction cannot be raised on habeas corpus.
• Johns v. State
  108 Fla. 261· Fla.· 1933-02-11 ·cited 16×
  The Florida Supreme Court reversed a conviction for attempted larceny because the indictment was fatally defective. The court found the indictment failed to allege any overt act taken in furtherance of the attempted crime.
• Bennett v. State
  65 Fla. 84· Fla.· 1913-02-04 ·cited 16×
  The Florida Supreme Court affirmed the conviction of Willis Bennett for perjury. The court found the indictment was sufficiently specific and that the trial court properly instructed the jury on the elements of perjury, including willfulness and materiality.
• Morgan B. Mizell v. State
  38 Fla. 20· Fla.· 1896-06-01 ·cited 16×
  Morgan B. Mizell was convicted of larceny of a cow and sentenced to two years imprisonment. The Florida Supreme Court reversed the conviction, finding the evidence insufficient to prove the essential elements of larceny—specifically, that the defendant feloniously stole, took, an
• United States v. Cummiskey
  728 F.2d 200· 3d Cir.· 1984-02-22 ·cited 15×
  The court held that the prosecutor bears the burden to establish that Miranda warnings were not given before commenting on a testifying defendant's post-arrest silence for impeachment purposes. The court also held that the indictment sufficiently charged offenses under the Victim
• United States v. Tallant
  547 F.2d 1291· 5th Cir.· 1977-03-07 ·cited 15×
  Convictions based on nolo contendere pleas are affirmed because the defendants' challenges to the indictment and statutes were either non-jurisdictional and thus unappealable, or without merit.
• United States v. Birch
  470 F.2d 808· 4th Cir.· 1972-12-12 ·cited 15×
  The court held that 18 U.S.C. § 499 applies extraterritorially and the indictment sufficiently charged offenses against the United States, and that the defenses of justification and duress were properly excluded.
• Sullivan v. Palmer C. Scafati
  428 F.2d 1023· 1st Cir.· 1970-06-30 ·cited 15×
  A cautionary instruction to scrutinize alibi evidence, without shifting the burden of proof, is not unconstitutional error, even if it uses language about contrivance or perjury.
• Preston v. State
  117 Fla. 618· Fla.· 1934-12-13 ·cited 15×
  This case reviews a Florida court's denial of a motion to vacate a robbery conviction. The appellate court affirmed the denial, finding the original judgment and sentence to be valid and that the lower court lacked authority to vacate it after the term expired.
• Lee v. State
  115 Fla. 30· Fla.· 1934-05-25 ·cited 15×
  Edward Lee and Ray Kirby were convicted of first-degree murder in the 1932 killing of Orlo Brown. The Florida Supreme Court reversed their convictions, finding that the State's failure to disclose the names of key witnesses (who were themselves co-defendants and confessed partici
• Wooldridge v. State
  49 Fla. 137· Fla.· 1905-01-01 ·cited 15×
  Wooldridge was convicted of forging a school warrant in his capacity as county superintendent of public instruction. On appeal, the Florida Supreme Court upheld the conviction despite 56 assignments of error, holding that a school warrant could be the subject of forgery, handwrit
• United States v. Olderbak
  961 F.2d 756· 8th Cir.· 1992-04-10 ·cited 14×
  The court held that the indictment was sufficient, evidence was admissible, speedy trial rights were not violated, and the sentence was properly calculated under the Sentencing Guidelines.
• United States v. Wood
  958 F.2d 963· 10th Cir.· 1992-02-26 ·cited 14×
  The court held that the district court did not abuse its discretion in granting a new trial due to jury exposure to extraneous materials, and that double jeopardy does not bar retrial on either count.