Sufficiency Of Indictment

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

• United States v. Waters
  175 F.2d 340· D.C. Cir.· 1948-11-08 ·cited 10×
  The court held that an arrest of judgment based on the construction of a statute, which renders an indictment insufficient, is appealable directly to the Supreme Court, not the circuit court.
• Lawrence v. United States
  162 F.2d 156· 9th Cir.· 1947-05-23 ·cited 10×
  The court held that evidence of similar conduct is admissible to prove intent and that prosecutorial cross-examination aimed at impeaching an impeachment witness is not prejudicial misconduct if objections are sustained.
• Williams v. United States
  151 F.2d 736· 4th Cir.· 1945-11-05 ·cited 10×
  The court held that the defendant's conviction for embezzlement and misuse of ration coupons was valid, and that the indictment, evidence, and sentencing were legally sound.
• Johnston v. United States
  145 F.2d 137· 9th Cir.· 1944-10-10 ·cited 10×
  The court held that an indictment alleging a postal clerk's lawful custody of postage stamp funds, in his official capacity, sufficiently implies United States ownership for a federal offense, even if not explicitly stated.
• Knight v. United States
  137 F.2d 940· 8th Cir.· 1943-10-06 ·cited 10×
  The court held that the petition to vacate sentences was untimely and that the indictments were valid, affirming the dismissal.
• Moses v. Hudspeth
  129 F.2d 279· 10th Cir.· 1942-06-18 ·cited 10×
  The court held that the sufficiency of an indictment is not subject to collateral attack via habeas corpus after conviction, and that the petitioner failed to prove denial of counsel.
• Morris v. United States
  128 F.2d 912· 5th Cir.· 1942-06-18 ·cited 10×
  The court held that challenges to the grand jury's constitutionality and indictment sufficiency were without merit, and that severance and joinder issues were within the trial court's discretion and did not warrant reversal.
• Robinson v. United States
  128 F.2d 322· D.C. Cir.· 1942-06-01 ·cited 10×
  The court held that the defendant's contentions on appeal, including issues with the indictment and trial proceedings, lacked merit.
• Johnson v. United States
  124 F.2d 101· 5th Cir.· 1941-12-23 ·cited 10×
  The court held that the indictment was sufficient, the evidence supported the conspiracy charge, evidentiary rulings were not prejudicial, and the former jeopardy claim was properly overruled.
• Zuziak v. United States
  119 F.2d 140· 9th Cir.· 1941-04-22 ·cited 10×
  The court held that the indictment was sufficient and statements regarding the appellant's age were admissible to prove the corpus delicti.
• Hamilton v. State
  133 Fla. 481· Fla.· 1938-07-16 ·cited 10×
  James Hamilton was convicted of assault with intent to commit armed robbery and sentenced to twenty years. On appeal, Hamilton challenged the sufficiency of the information on three grounds: that it failed to allege intent to assault, that it omitted the word 'feloniously,' and t
• McElevene v. State
  105 Fla. 639· Fla.· 1932-06-06 ·cited 10×
  The Florida Supreme Court affirmed a conviction for second-degree murder, finding that the indictment sufficiently alleged venue. The court distinguished the indictment from a prior case where venue was improperly stated.
• Reffkin v. Boyce
  104 Fla. 221· Fla.· 1932-02-11 ·cited 10×
  John Reffkin sought habeas corpus discharge, challenging the constitutionality of a Florida statute prohibiting fraud through false claims of possessing secret or advance information. The Florida Supreme Court upheld the statute as sufficiently definite and the indictment as char
• Grace v. Howell
  77 Fla. 119· Fla.· 1919-01-30 ·cited 10×
  Grace V. Howell was convicted of first-degree murder in the death of her husband. She appealed on multiple grounds, principally that the trial court erred in denying her motion for a change of venue based on alleged prejudice of the presiding judge. The Florida Supreme Court reve
• Crane v. State
  76 Fla. 236· Fla.· 1918-08-12 ·cited 10×
  James E. Crane, a trustee of county bonds in Hillsborough County, was convicted of embezzling county funds. On writ of error, Crane challenged whether a county bond trustee qualifies as a county officer under the embezzlement statute, but the Florida Supreme Court affirmed, holdi
• Jarvis v. State
  73 Fla. 635· Fla.· 1917-03-13 ·cited 10×
  W. B. Jarvis was convicted of perjury for testifying falsely in a contempt of court hearing that certain documents were locked in a bank safety deposit box when they were actually located elsewhere. The Florida Supreme Court affirmed the conviction, rejecting challenges to the su
• Isaiah E. Cooper v. State
  47 Fla. 21· Fla.· 1904-01-01 ·cited 10×
  This case reviews a murder conviction where the defendant argued the indictment was ambiguous and that he was not arraigned. The appellate court affirmed the conviction, finding the indictment sufficient and the arraignment properly recorded via a nunc pro tunc amendment.
• Ruis v. State
  43 Fla. 186· Fla.· 1901-01-01 ·cited 10×
  The Florida Supreme Court reversed the convictions of Wallace Ruis and John Davis for assault with intent to commit murder, holding that the indictment was defectively pleaded because it failed to properly allege the intent to commit a felony as a material fact rather than as a m
• Hawkins v. State
  28 Fla. 363· Fla.· 1891-06-01 ·cited 10×
  The Florida Supreme Court reversed a forgery conviction because the prosecution failed to prove the crime occurred within the county where the trial was held. The court found the indictment sufficient to charge forgery but remanded for a new trial due to insufficient evidence of
• Porter v. State
  26 Fla. 56· Fla.· 1890-01-01 ·cited 10×
  Henry Porter was convicted of larceny and challenged the sufficiency of the indictment on appeal. The Florida Supreme Court affirmed, holding that the indictment's description of stolen silver coins was adequate to put the defendant on notice and protect his rights, particularly
• United States v. Werme
  939 F.2d 108· 3d Cir.· 1991-07-30 ·cited 9×
  The court held that the indictment for conspiracy to violate the Travel Act was legally sufficient, and any errors in admitting guilty pleas or inquiring about extortion charges were harmless.
• United States v. Soriano
  880 F.2d 192· 9th Cir.· 1989-07-12 ·cited 9×
  The court held that mail fraud convictions based on a scheme to defraud citizens of their intangible right to honest government are invalid under McNally v. United States, but Soriano's Hobbs Act conviction was valid.
• Charley v. United States
  303 F.2d 512· 10th Cir.· 1962-04-24 ·cited 9×
  The court held that the indictment was legally sufficient and the appellant's other claims of ineffective assistance of counsel and judicial misconduct were unsubstantiated.
• Snell v. State
  158 Fla. 431· Fla.· 1947-01-28 ·cited 9×
  Oliver Snell appeals from the denial of his petition for writ of error coram nobis filed four years after his 1942 conviction for second-degree murder. The Florida Supreme Court affirmed the circuit court's dismissal of the petition, holding that the newly alleged evidence did no
• Clemons v. United States
  137 F.2d 302· 4th Cir.· 1943-08-12 ·cited 9×
  The court held that a defendant was deprived of liberty against the spirit of the Due Process Clause when assured of misdemeanor prosecution but sentenced for a felony.
• Washington Jones v. State
  22 Fla. 532· Fla.· 1886-06-01 ·cited 9×
  The Florida Supreme Court reversed a conviction for obtaining goods under false pretenses because the indictment was insufficient and failed to properly allege ownership of the stolen property. The court found the indictment lacked necessary details about the relationship between
• Yohey v. Collins
  985 F.2d 222· 5th Cir.· 1993-03-08 ·cited 8×
  The court held that claims raised for the first time on appeal or in a reply brief are not considered, and that state law claims do not provide a basis for federal habeas relief unless they rise to constitutional dimension.
• United States v. Fuller
  974 F.2d 1474· 5th Cir.· 1992-10-06 ·cited 8×
  The court held that the evidence was sufficient to support the convictions for conspiracy and attempt to launder money, and that the jury instructions were proper.
• United States v. Vroman
  975 F.2d 669· 9th Cir.· 1992-09-22 ·cited 8×
  The court held that an indictment is constitutionally sufficient even if it omits or incorrectly cites the specific statute violated, as long as it provides the elements of the offense and fairly informs the defendant of the charges.
• United States v. Mitcheal Edmonson
  962 F.2d 1535· 10th Cir.· 1992-05-06 ·cited 8×
  The court held that the defendant's contentions lacked merit, except for the issue concerning the fine under the Federal Sentencing Guidelines, which the government conceded. The conviction is affirmed.
• United States v. Ivey
  949 F.2d 759· 5th Cir.· 1991-12-17 ·cited 8×
  The court affirmed the convictions, holding that the indictment and jury instructions were proper, the evidence was sufficient, and the defenses of entrapment and outrageous government conduct were not supported by the evidence.
• United States v. Mohney
  949 F.2d 899· 6th Cir.· 1991-11-27 ·cited 8×
  The court held that the district court erred in dismissing the conspiracy charge based on the precedent of United States v. Minarik, as Minarik's specific factual limitations did not apply to this case.
• United States v. Shelton
  937 F.2d 140· 5th Cir.· 1991-07-19 ·cited 8×
  An indictment alleging receipt of a firearm that moved in or affecting commerce is sufficient to charge the offense of receipt of a firearm shipped or transported in interstate or foreign commerce.
• United States v. Ali I. Mizyed
  927 F.2d 979· 7th Cir.· 1991-03-18 ·cited 8×
  The court held that the indictment was sufficient, the confession was voluntary, the evidence was sufficient for conviction, and the restitution order was valid.
• Frank v. United States
  914 F.2d 828· 7th Cir.· 1990-09-24 ·cited 8×
  The dissent argues that the mail fraud conviction should be invalidated because the scheme deprived the government of intangible rights, not money or property, as required by McNally.
• United States v. Valiant
  873 F.2d 205· 8th Cir.· 1989-04-27 ·cited 8×
  The court held that the warrantless search of the defendant's locked briefcase was lawful as a search incident to arrest, and the indictment for possession of a firearm by a felon was sufficient.
• United States v. Rankin
  870 F.2d 109· 3d Cir.· 1989-03-13 ·cited 8×
  The court held that the indictment sufficiently stated offenses for obstruction of justice and conspiracy to defraud the United States, and that the district court erred in dismissing these counts.
• Allen v. United States
  867 F.2d 969· 6th Cir.· 1989-02-16 ·cited 8×
  The court held that the indictment and jury instructions permitted a conviction for mail fraud under the "intangible rights" theory, which was proscribed by McNally v. United States, and thus the district court properly reversed the convictions.
• United States v. Hogan
  861 F.2d 312· 1st Cir.· 1988-11-15 ·cited 8×
  The court held that the indictment sufficiently charged felony tax evasion, a tax assessment is not always required for conviction, and the jury instructions were proper.
• United States v. Mills
  835 F.2d 1262· 8th Cir.· 1987-12-31 ·cited 8×
  The court held that the indictment was sufficient, cumulative punishments were permissible, and the evidence supported the jury's findings of guilt.
• United States v. Hoag
  823 F.2d 1123· 7th Cir.· 1987-07-08 ·cited 8×
  The court held that materiality and specific intent are not required elements of 18 U.S.C. § 1010, and documentary exhibits were properly authenticated.
• United States v. Lepanto
  817 F.2d 1463· 10th Cir.· 1987-05-07 ·cited 8×
  The court held that the indictment was sufficient, the carpet evidence was properly admitted despite chain of custody concerns, flight evidence was admissible, and the evidence was sufficient to convict the defendant as an accessory after the fact.
• United States v. Love
  815 F.2d 53· 8th Cir.· 1987-04-02 ·cited 8×
  The court affirmed the conviction, holding that probable cause for arrest existed, the peremptory challenge was not discriminatory, and the sentence was not excessive.
• United States v. Stozek
  783 F.2d 891· 9th Cir.· 1986-02-25 ·cited 8×
  The court held that the evidence was sufficient to convict both defendants of misapplication of bank funds, and the indictment was sufficient.
• United States v. Miller
  774 F.2d 883· 8th Cir.· 1985-10-03 ·cited 8×
  An indictment for violating 18 U.S.C. § 1955 is insufficient if it fails to specify the particular state statute allegedly violated, as this is a substantive element of the offense.
• United States v. Serola
  767 F.2d 364· 7th Cir.· 1985-07-19 ·cited 8×
  The court affirmed the convictions, holding that the indictment provided sufficient notice, the district court did not err in admitting co-conspirator statements, and the evidence was sufficient to support the verdict.
• United States v. Wells
  766 F.2d 12· 1st Cir.· 1985-06-26 ·cited 8×
  A failure to report to a designated federal correctional institution to begin serving a sentence constitutes a violation of the bail-jumping statute, 18 U.S.C. § 3150, as the institution acts as an agent of the court for this purpose.
• United States v. Newton Gaspard
  744 F.2d 438· 5th Cir.· 1984-10-09 ·cited 8×
  The court held that the evidence was sufficient to support the mail fraud convictions and that the prosecutor's argument, while objectionable, did not constitute plain error.
• Bibby v. Tard
  741 F.2d 26· 3d Cir.· 1984-08-03 ·cited 8×
  The court held that a federal district court must conduct an evidentiary hearing on a habeas corpus petition if the petitioner alleges the sentencing judge relied on materially false information regarding prior convictions, and the state courts did not provide a full and fair hea
• United States v. Leifried
  732 F.2d 388· 4th Cir.· 1984-04-19 ·cited 8×
  Convictions for individual drug trafficking offenses under 21 U.S.C. § 841(a)(1) are lesser included offenses of a continuing criminal enterprise conviction under 21 U.S.C. § 848 and must be vacated if the defendant is convicted of the greater offense.