Sufficiency Of Indictment

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

• United States v. Mueller
  178 F.2d 593· 5th Cir.· 1949-12-21 ·cited 4×
  The court held that the indictment was properly dismissed because it should have been brought under the specific lottery ticket statute, and even if it could have been brought under the general merchandise statute, it was insufficient for failing to allege fraudulent or knowing f
• Flynn v. United States
  172 F.2d 12· 9th Cir.· 1949-01-10 ·cited 4×
  The court held that the indictments were sufficient and that the evidence supported the conviction for perjury, as the defendant's testimony denying a prior conviction was demonstrably false.
• Campbell v. United States
  167 F.2d 451· 5th Cir.· 1948-04-01 ·cited 4×
  The court held that the indictment count was fatally defective for being too general and that the jury charge was inadequate, requiring reversal.
• Locke v. United States
  166 F.2d 449· 5th Cir.· 1948-03-05 ·cited 4×
  The court held that the evidence conclusively showed active tax evasion, and the trial court did not err in its rulings or instructions.
• United States v. Rooth
  159 F.2d 659· 2d Cir.· 1947-01-28 ·cited 4×
  The court held that the indictment was sufficient and the evidence supported the conviction, affirming the judgment.
• Bauman v. Hunter
  150 F.2d 449· 10th Cir.· 1945-06-25 ·cited 4×
  The court held that the sufficiency of an indictment is not open to challenge on habeas corpus when the court has jurisdiction over the offense and the person.
• Blount v. Huff
  144 F.2d 21· D.C. Cir.· 1944-07-24 ·cited 4×
  The court held that the sufficiency of an indictment, when the court has jurisdiction, cannot be challenged in a habeas corpus proceeding after a guilty plea.
• Steffler v. United States
  143 F.2d 772· 7th Cir.· 1944-07-17 ·cited 4×
  The court held that the indictment was sufficient to support the judgment and sentence because it charged the essential elements of the offense defined by the statute.
• Kuczynski v. COX
  141 F.2d 321· 8th Cir.· 1944-03-16 ·cited 4×
  The court held that a mentally incompetent prisoner is not entitled to good time deductions and that the indictment was valid and the guilty plea was knowingly entered.
• Roberts v. United States
  137 F.2d 412· 4th Cir.· 1943-07-28 ·cited 4×
  The court held that the indictment was sufficient and there was substantial evidence to support the jury's verdict of guilty.
• Rogers v. United States
  128 F.2d 973· 5th Cir.· 1942-06-23 ·cited 4×
  The court held that the indictment was sufficient and the evidence supported the conviction, rendering issues regarding the second count unnecessary to address.
• Miller v. United States
  125 F.2d 517· 6th Cir.· 1942-02-05 ·cited 4×
  The court held that the indictment was sufficient and the refusal to give requested jury instructions was not prejudicial error.
• Waldrop v. State
  99 Fla. 610· Fla.· 1930-03-21 ·cited 4×
  B. G. Waldrop was convicted of feloniously removing pine logs from land owned by Maritime Land Company. The Florida Supreme Court affirmed his conviction, holding that while the indictment's language describing the offense was ambiguous, it was not so vague or indefinite as to wa
• Timmons v. State
  97 Fla. 23· Fla.· 1929-01-18 ·cited 4×
  Paul Timmons was convicted of unlawful possession of intoxicating liquors as a repeat offender in Marion County Circuit Court. The Florida Supreme Court reversed the conviction because the certified copy of the prior conviction admitted as evidence failed to contain an explicit a
• Scott v. State
  87 Fla. 12· Fla.· 1924-01-10 ·cited 4×
  This case reviews a conviction for offering a bribe to a police officer. The appellate court affirmed the conviction, finding the indictment sufficient and the evidence adequate to support the guilty verdict.
• Underhill v. State
  81 Fla. 234· Fla.· 1921-02-28 ·cited 4×
  Henry Underhill was convicted of larceny of clothing allegedly belonging to The Boston Store partnership. On appeal, he challenged the sufficiency of the indictment because it did not name the individual partners (S. Rosin and I. Silverman) but only referred to the partnership. T
• Pruitt v. State
  75 Fla. 448· Fla.· 1918-03-19 ·cited 4×
  Charlie Pruitt was indicted for obtaining money under false pretenses by passing counterfeit currency to Cy Matthews. The Florida Supreme Court reversed his conviction, holding that the indictment was fatally defective because it failed to allege that Matthews was deceived by the
• Smith v. State
  74 Fla. 594· Fla.· 1917-12-20 ·cited 4×
  John C. Smith was convicted of obtaining money under false pretenses by selling counterfeit metal checks to Nelson that purported to be genuine checks from West Bay Naval Stores & Lumber Company. The Florida Supreme Court affirmed the conviction, holding that false representation
• Dykes v. State
  68 Fla. 110· Fla.· 1914-10-29 ·cited 4×
  Joseph Dykes was convicted of assault with intent to rob and sentenced to five years in prison. On appeal, he challenged the indictment as vague and failing to charge a known offense under Florida law, but the Florida Supreme Court affirmed, holding that the indictment sufficient
• Penuel v. State
  66 Fla. 203· Fla.· 1913-10-28 ·cited 4×
  This case reviews an embezzlement conviction, focusing on the sufficiency of the indictment. The court affirmed the conviction, finding the indictment adequately alleged the crime and ownership of the embezzled proceeds.
• Adkinson v. State
  59 Fla. 1· Fla.· 1910-01-01 ·cited 4×
  C.F. Adkinson was convicted of perjury for falsely swearing under oath that he was insolvent to avoid paying prosecution costs in a separate assault case. The Florida Supreme Court reversed his conviction because the information failed to allege essential elements of perjury: tha
• Strickland v. State
  51 Fla. 129· Fla.· 1906-01-01 ·cited 4×
  The Florida Supreme Court reversed a conviction for making a false financial statement to obtain credit. The court held that the indictment was fatally defective because it failed to allege that anyone was actually deceived by the false statement or that ownership of property was
• Russell v. State
  51 Fla. 124· Fla.· 1906-01-01 ·cited 4×
  John Russell was convicted of uttering a forged writing for payment of money, but the Florida Supreme Court reversed because the indictment failed to allege extrinsic facts necessary to show the forged instrument could defraud the alleged parties. The court held that indictments
• Caesar v. State
  50 Fla. 1· Fla.· 1905-06-01 ·cited 4×
  Sam Caesar was convicted of illegally selling liquor in violation of Florida law. The Florida Supreme Court affirmed his conviction, rejecting his arguments that the indictment was constitutionally defective and that the omission of the word "did" in the indictment's charging lan
• Webster v. State
  49 Fla. 131· Fla.· 1905-01-01 ·cited 4×
  Alex Webster was convicted of murder in the first degree and sentenced to death. On appeal, Webster challenged the circuit court's jurisdiction due to the judge's non-attendance and the timing of court adjournment, and also challenged the sufficiency of the indictment. The Florid
• Hamilton v. State
  16 Fla. 288· Fla.· 1877-06-01 ·cited 4×
  The court reversed a conviction for obtaining property by false pretenses because the indictment failed to specify the false pretenses used. The court emphasized that defendants must be informed of the specific charges against them.
• United States v. Stickle
  355 F. Supp. 2d 1317· S.D. Fla.· 2004-10-06 ·cited 3×
  The court held that the defendants failed to demonstrate a substantial imbalance of inconvenience to warrant transferring the case, and that the indictment sufficiently alleged venue and did not contain fatal duplicity.
• United States v. Chandler
  376 F.3d 1303· 11th Cir.· 2004-07-19 ·cited 3×
  The government charged four defendants with conspiracy to commit mail fraud under 18 U.S.C. § 371 for their alleged participation in a scheme to redeem stolen McDonald's promotional game stamps. The indictment alleged that Jerome Jacobson, the security director for the company ma
• Cornell Smith v. United States
  447 F.2d 487· 5th Cir.· 1971-09-01 ·cited 3×
  A valid guilty plea waives all non-jurisdictional defects and defenses, including entrapment.
• Newell Alligood v. State
  199 So. 2d 767· Fla. 2d DCA· 1967-05-26 ·cited 3×
  A conviction for first-degree murder based on a premeditated design can be sustained by proof of a homicide committed during the perpetration of a felony, even if the indictment does not explicitly state the felony.
• United States v. China Daily News, Inc.
  224 F.2d 670· 2d Cir.· 1955-07-05 ·cited 3×
  The court held that the Foreign Assets Control Regulations were applicable and valid, and that the evidence sufficiently established the defendants' willful violations thereof.
• Taylor v. State
  159 Fla. 74· Fla.· 1947-06-06 ·cited 3×
  The court held that conflicting evidence regarding the origin of the citrus fruit presented a jury question, and the jury's verdict was supported by sufficient evidence.
• State v. Sullivan
  155 Fla. 817· Fla.· 1945-04-17 ·cited 3×
  Costa Ljungdahl challenged the sufficiency of a New York indictment for subornation of perjury in extradition proceedings brought by New York. The Florida Supreme Court held that an indictment in extradition proceedings is tested under the law of the demanding state, and if it su
• Roberts v. Doyle Schumacher
  127 Fla. 461· Fla.· 1937-03-16 ·cited 3×
  Stephen Elmore Roberts sought habeas corpus relief challenging his indictment under Section 7263 C.G.L., but the Florida Supreme Court affirmed the trial court's remand, holding that habeas corpus is not an appropriate remedy to challenge defective indictments and that the petiti
• Dyess v. State
  113 Fla. 417· Fla.· 1933-12-30 ·cited 3×
  B.W. Dyess was convicted of unlawfully keeping and maintaining a gaming place in violation of Florida statute. The Florida Supreme Court affirmed the conviction, holding that the indictment was sufficient and the evidence supported the jury's verdict.
• Wilson v. State
  103 Fla. 262· Fla.· 1931-10-23 ·cited 3×
  Chester Wilson challenged his conviction on two grounds: that the second count of the indictment failed to sufficiently allege venue, and that the evidence was insufficient to support the verdict. The Florida Supreme Court affirmed the conviction, holding that the caption of an i
• Fernandez v. United States
  114 F.4th 1170· 11th Cir.· 2024-08-13 ·cited 2×
  Luis Fernandez challenged his federal conviction under 18 U.S.C. § 924(c) for carrying a firearm in furtherance of a crime of violence, arguing that his predicate offenses (conspiracy and attempted Hobbs Act robbery) were invalid under the Supreme Court's decisions in Davis and T
• United States v. Alford
  999 F.2d 818· 5th Cir.· 1993-08-23 ·cited 2×
  The court held that the district court did not err in denying surrebuttal or a continuance, asserting jurisdiction over money laundering counts, finding sufficient evidence for money laundering, or failing to require a unanimous verdict on the means alleged in the money launderin
• United States v. Reshat Shabani
  993 F.2d 1419· 9th Cir.· 1993-05-17 ·cited 2×
  The court held that while the indictment was sufficient without alleging an overt act, the jury should have been instructed that the government must prove an overt act.
• United States v. Pedro Martinez (91-1908) & Va. Escamilla (91-2131)
  981 F.2d 867· 6th Cir.· 1992-12-09 ·cited 2×
  The court affirmed the convictions, finding no reversible error in the trial court's rulings on voir dire, prosecutorial argument, indictment sufficiency, evidence variance, sufficiency of evidence, admission of prior bad acts, or jury instructions.
• United States v. Stout
  965 F.2d 340· 7th Cir.· 1992-06-04 ·cited 2×
  The court held that the indictment was constitutionally sufficient and that the evidence supported the defendant's conviction for mail fraud.
• United States v. Henderson
  961 F.2d 880· 9th Cir.· 1992-04-14 ·cited 2×
  The court held that 18 U.S.C. § 876 does not require the defendant to have written the threatening communication, only that they knowingly mailed it.
• United States v. Mastrandrea
  942 F.2d 1291· 8th Cir.· 1991-08-26 ·cited 2×
  The court held that surplusage in an indictment, even if misleading, does not invalidate the indictment if the remaining allegations sufficiently charge a crime and the defendant had adequate notice.
• United States v. Musacchio
  968 F.2d 782· 9th Cir.· 1991-07-30 ·cited 2×
  The court held that an indictment for misapplication of funds under 18 U.S.C. § 657 need not allege conversion, and that the admission of a civil stipulation was not plain error.
• Morlett v. Lynaugh
  851 F.2d 1521· 5th Cir.· 1988-08-16 ·cited 2×
  The court held that the petitioner's claims regarding a defective indictment, admission of extraneous evidence, double jeopardy, and ineffective assistance of counsel were without merit and did not warrant federal habeas relief.
• United States v. Saleem Azad (85-1866)
  809 F.2d 291· 6th Cir.· 1986-12-05 ·cited 2×
  The court affirmed the judgments entered on guilty pleas, holding that the pre-trial orders denying motions to dismiss the indictment were not erroneous.
• United States v. R.A. Lotspeich
  796 F.2d 1268· 10th Cir.· 1986-07-14 ·cited 2×
  The court held that the evidence was sufficient to prove an effect on interstate commerce, the defendant was not denied his defense theories, the prosecutor's comments were not prejudicial, the indictment was sufficient, and the jury instructions did not amend the indictment.
• United States v. Beebe
  792 F.2d 1363· 5th Cir.· 1986-06-30 ·cited 2×
  The court held that the indictment was sufficient, the evidence supported the convictions, and the trial court did not err in its jury instructions regarding the good faith defense.
• United States v. Drape
  753 F.2d 660· 8th Cir.· 1985-01-24 ·cited 2×
  The court held that the jury instructions were adequate, the grand jury questions were sufficiently clear, the indictment stated an offense, the false statements were material, and there was sufficient evidence to support the conviction for making false declarations.
• United States v. Gaus
  751 F.2d 1506· 8th Cir.· 1985-01-09 ·cited 2×
  The court held that a prior direct appeal decision on the sufficiency of the indictment bars relitigation in a § 2255 petition, and alleged insufficiency of evidence is generally not grounds for § 2255 relief.