Sufficiency Of Indictment

1,362 Florida cases classified under this topic, plus 155 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• United States v. Beard
  414 F.2d 1014· 3d Cir.· 1969-08-20 ·cited 34×
  An indictment that fails to allege an essential element of the crime, such as 'unlawful or fraudulent intent' under 18 U.S.C. § 2314, is fatally defective and cannot sustain a conviction, even after a guilty verdict.
• Jones v. United States
  296 F.2d 398· D.C. Cir.· 1961-10-05 ·cited 34×
  The court held that a defendant's statements requesting an attorney and declining to make a statement, made shortly after a crime and in response to simple questions, are admissible as evidence of his state of mind, particularly to show deliberation and premeditation, and do not
• United States v. Palmiotti
  254 F.2d 491· 2d Cir.· 1958-04-18 ·cited 34×
  The court held that the indictment was not fatally defective, the evidence was sufficient to support the conviction, and the admission of evidence and comments during summation did not deprive the appellant of a fair trial.
• Pulliam v. United States
  178 F.2d 777· 10th Cir.· 1949-12-22 ·cited 34×
  A motion to vacate a sentence under 28 U.S.C. § 2255 is not a substitute for a direct appeal and is limited to fundamental defects.
• Heald v. United States (three cases)
  175 F.2d 878· 10th Cir.· 1949-07-07 ·cited 34×
  The court held that the indictment sufficiently stated an offense for conspiracy to defraud the United States by impairing the functions of the Veterans Administration, and that the evidence was sufficient to sustain the jury's verdict.
• United States v. Marcus
  166 F.2d 497· 3d Cir.· 1948-01-27 ·cited 34×
  The court held that the indictment sufficiently charged bribery and that the evidence supported the conviction, but reversed due to the refusal to give a requested alibi instruction.
• State v. Coleman
  131 Fla. 892· Fla.· 1938-04-04 ·cited 34×
  The Florida Supreme Court held that a municipal commissioner cannot be prosecuted under the state's bribery statute because the statute applies only to "executive, legislative or judicial officers," a phrase that does not include municipal officers under Florida law. The Court di
• Fields v. State
  94 Fla. 490· Fla.· 1927-08-01 ·cited 34×
  Annie Fields was convicted of perjury for allegedly committing false testimony in the trial of Monroe Cheatan. The Florida Supreme Court affirmed her conviction, rejecting all six assignments of error and finding the evidence of willful, material false testimony sufficiently esta
• The State of Fla. ex rel. J. D. Myers v. Allen
  83 Fla. 655· Fla.· 1922-05-19 ·cited 34×
  The Florida Supreme Court affirmed an extradition order requiring Myers (also known as M.D. Joseph) to be surrendered to Utah to stand trial for embezzlement, obtaining money by false pretenses, and grand larceny. The court rejected challenges to the affidavit's form, the chargin
• Sigsbee v. State
  43 Fla. 524· Fla.· 1901-06-01 ·cited 34×
  Walter A. Sigsbee, a clerk and treasurer of Gainesville, was convicted of embezzlement under Florida Revised Statutes Section 2463 for allegedly misappropriating city funds between July 1896 and April 1897. The Florida Supreme Court affirmed his conviction, holding that the indic
• United States v. Mobile Materials, Inc.
  871 F.2d 902· 10th Cir.· 1989-03-22 ·cited 33×
  The court held that count one of the indictment was constitutionally and procedurally defective due to vagueness, failing to provide sufficient detail to protect the appellants' due process rights.
• United States v. Dadanian
  818 F.2d 1443· 9th Cir.· 1987-06-04 ·cited 33×
  The court affirmed the convictions, finding no plain error in admitting plea agreement terms, no ineffective assistance of counsel, sufficient evidence for mail fraud and Travel Act convictions, and that the gambling business violated local law. The Sixth Amendment rights were no
• United States v. Mosley
  786 F.2d 1330· 7th Cir.· 1986-03-26 ·cited 32×
  The court affirmed the defendant's conviction, finding the indictment sufficient and no fatal variance between the indictment and the evidence presented at trial.
• United States v. Lane
  765 F.2d 1376· 9th Cir.· 1985-07-16 ·cited 32×
  The court held that the trial court did not err in denying the motion for a continuance, nor was the indictment insufficient, and the evidence was sufficient to support the conviction for conspiracy to defraud the United States.
• United States v. Hinkle
  637 F.2d 1154· 7th Cir.· 1981-01-13 ·cited 32×
  An indictment for using a communication facility to facilitate drug offenses must specify the controlled substance and the felony being facilitated, and the evidence supported a jury finding that the defendant was predisposed to commit the drug offenses, thus negating the entrapm
• United States v. Adler
  623 F.2d 1287· 8th Cir.· 1980-06-20 ·cited 32×
  The court affirmed the conviction, holding that the indictment was sufficient, the evidence supported the jury's findings of false statements and intent to defraud, and materiality of the false statements was a question of law for the court.
• United States v. Vesaas
  586 F.2d 101· 8th Cir.· 1978-11-13 ·cited 32×
  The court held that the indictment was fatally defective because it charged the defendant with making false statements based on a legal impossibility and was too vague to inform him of the charges. The court also noted insufficient proof and improper jury instructions.
• Mrs. Stanley (Joyce) Goldberg v. State
  351 So. 2d 332· Fla.· 1977-07-01 ·cited 32×
  The Florida Supreme Court reversed convictions of three county commissioners and one spouse for bribery and conspiracy, holding that the conspiracy indictment was unconstitutionally deficient and that the prosecution failed to disclose material evidence of witness unreliability,
• United States v. Cluck
  542 F.2d 728· 8th Cir.· 1976-10-07 ·cited 32×
  The court held that there was sufficient evidence for a jury to find that the defendant wilfully escaped from federal custody with the intent to avoid confinement, and that the trial court did not err in its instructions or rulings.
• United States v. De Stefano
  476 F.2d 324· 7th Cir.· 1973-02-12 ·cited 32×
  The appeal is dismissed as moot due to the defendant's death, and the conviction is vacated.
• United States v. Randolph
  460 F.2d 367· 5th Cir.· 1972-05-23 ·cited 32×
  The court held that an allegation of 'fraudulent intent' remains an essential element for a prosecution under part [1] of 18 U.S.C. § 912, even after the statute's recodification.
• Brown v. United States
  403 F.2d 489· 5th Cir.· 1968-11-13 ·cited 32×
  The court held that the indictment was sufficient, the jury instructions were proper, the evidence was not unlawfully obtained, and the denial of a continuance was not an abuse of discretion.
• Escobar v. United States
  388 F.2d 661· 5th Cir.· 1967-12-18 ·cited 32×
• Rood v. United States
  340 F.2d 506· 8th Cir.· 1965-01-21 ·cited 32×
  The court held that the indictment was sufficient because the intent to pass a counterfeit obligation as genuine necessarily implies knowledge of its counterfeit nature, and the defendant waived the sufficiency of the evidence argument by failing to renew her motion for acquittal
• United States v. Keig
  334 F.2d 823· 7th Cir.· 1964-06-16 ·cited 32×
  The court held that the special agent's report was not a Jencks Act statement, the income tax laws are constitutional, the indictment was sufficient, and the trial court did not err in limiting cross-examination or in its instructions.
• RUA v. United States
  321 F.2d 140· 1st Cir.· 1963-08-05 ·cited 32×
  The court held that an indictment charging possession of counterfeit notes with intent to defraud is sufficient without explicitly stating knowledge of the counterfeit nature, and that inconsistent jury verdicts are permissible.
• Royal Thomas v. United States
  314 F.2d 936· 5th Cir.· 1963-03-14 ·cited 32×
  The court held that the indictment for smuggling marihuana was sufficient and affirmed the conviction on that count, but reversed the conviction for tax evasion due to factual inconsistency.
• Everest Melvin Hupman v. United States
  219 F.2d 243· 6th Cir.· 1955-02-07 ·cited 32×
  The court held that circumstantial evidence, including statements made by the appellant and the presence of the affidavit in the Labor Board's files, was sufficient to support the jury's verdict of guilt for making a false affidavit.
• United States v. Williams
  203 F.2d 572· 5th Cir.· 1953-04-30 ·cited 32×
  The court held that essential facts constituting a crime must be stated in an indictment, and this requirement is not subject to waiver.
• Lynch v. United States
  189 F.2d 476· 5th Cir.· 1951-05-25 ·cited 32×
  The court held that there was substantial evidence to support the jury's verdict that the appellants, acting under color of law, willfully deprived the victims of their constitutional rights by surrendering them to a mob for beating.
• United States v. Jones
  162 F.2d 72· 2d Cir.· 1947-05-29 ·cited 32×
  The court held that the defendant waived his venue objection by proceeding to trial without objection and that the evidence was sufficient to sustain the verdict.
• Weatherby v. United States
  150 F.2d 465· 10th Cir.· 1945-06-28 ·cited 32×
  The court held that each separate use of the mails in furtherance of a scheme constitutes a distinct offense, and the indictment sufficiently charged the essential elements of the offenses.
• United States v. Van Den Berg
  139 F.2d 654· 7th Cir.· 1944-01-06 ·cited 32×·via Indictment Requirements
  The court held that a defendant convicted of failing to report for induction cannot challenge the Selective Service Board's classification in a criminal trial, as judicial review of such classifications is barred by statute.
• Seele v. United States
  133 F.2d 1015· 8th Cir.· 1943-02-23 ·cited 32×
  The court held that the Selective Service Boards' classification of the appellant was not subject to judicial review as arbitrary or capricious, and that the trial court properly excluded evidence attempting to challenge the Boards' findings.
• United States v. Brewer
  841 F.2d 667· 6th Cir.· 1988-02-26 ·cited 31×·via Indictment Requirements
  The second sentence of 18 U.S.C. App. § 1202, which increases penalties for recidivists, creates an offense whose elements must be charged in the indictment and proved at trial, not merely established at sentencing.
• United States v. Sutton
  732 F.2d 1483· 10th Cir.· 1984-04-23 ·cited 31×·via Indictment Validity
  The court held that the defendant's convictions for obstruction of justice and conspiracy to obstruct justice were supported by sufficient evidence and that various trial court rulings did not constitute an abuse of discretion or reversible error.
• United States v. Metro. Enters., Inc.
  728 F.2d 444· 10th Cir.· 1984-02-24 ·cited 31×
  The court held that the evidence was sufficient to sustain the jury's verdict for conspiracy to rig bids under the Sherman Act, and that the indictment sufficiently stated an offense.
• United States v. Purvis
  580 F.2d 853· 5th Cir.· 1978-09-25 ·cited 31×
  An indictment under 18 U.S.C.A. § 241 is sufficient if it tracks the statutory language and factually alleges intent to deprive citizens of constitutional rights, even without using specific "intent" terms.
• United States v. Hand
  516 F.2d 472· 5th Cir.· 1975-07-28 ·cited 31×
• United States v. Walker
  190 F.2d 481· 2d Cir.· 1951-07-10 ·cited 31×
  The court held that the indictment was sufficient, evidence was properly admitted, and summation remarks were not grounds for reversal.
• Parsons v. United States
  189 F.2d 252· 5th Cir.· 1951-05-07 ·cited 31×
  The court held that the indictment was sufficient, the denial of a continuance was not an abuse of discretion, the admission of testimony was proper for impeachment and to show intent, and a juror's affidavit did not warrant a new trial.
• Noyes S. Collins v. State
  33 Fla. 429· Fla.· 1894-01-01 ·cited 31×
  Collins, president of Lake City Bank, was convicted of embezzlement for receiving a $43.50 deposit from customers. The Florida Supreme Court reversed, holding that the indictment fatally conflated provisions for individual bankers with those for corporate bank officers, and that
• Humphreys v. State
  17 Fla. 381· Fla.· 1879-06-01 ·cited 31×
  William Humphreys was convicted of false swearing after taking an oath at a voter challenge in 1878. The Florida Supreme Court reversed, holding that the indictment was fatally deficient because it failed to allege all material elements of the statutory offense.
• United States v. Quintero
  872 F.2d 107· 5th Cir.· 1989-04-18 ·cited 30×
  The court held that while the trial court erred in treating 18 U.S.C. § 924(e)(1) as creating a separate offense and admitting evidence of prior convictions to the jury, this error was harmless. The court also affirmed the denial of severance and the admission of limited heroin e
• United States v. Zavala
  839 F.2d 523· 9th Cir.· 1988-01-26 ·cited 30×
  The court held that an indictment charging violations of 21 U.S.C. § 843(b) is insufficient if it fails to specify the controlled substance involved and the precise felony facilitated by the use of the communication device, and impermissibly charges in the disjunctive.
• State v. Harris
  439 So. 2d 265· Fla. 2d DCA· 1983-09-16 ·cited 30×
  The State appeals a trial judge's orders granting post-trial motions that vacated a defendant's conviction for first-degree felony murder and robbery, holding the robbery count was defectively alleged because it failed to charge specific intent. The appellate court reversed, hold
• United States v. Seelig
  622 F.2d 207· 6th Cir.· 1980-05-08 ·cited 30×
  The court held that the indictments were sufficient and that the jury instructions regarding the "usual course of professional practice" were prejudicially erroneous, requiring a new trial. The admission of a sales comparison chart was also deemed prejudicial error.
• United States v. Cartano
  534 F.2d 788· 8th Cir.· 1976-04-13 ·cited 30×
  The court held that the indictment was sufficient, the Iowa gambling statute was not unconstitutionally vague, the jury instructions were adequate, and the evidence was sufficient to support the conviction.
• United States v. Barbato
  471 F.2d 918· 1st Cir.· 1973-01-11 ·cited 30×
  The court held that the indictment sufficiently alleged a federal nexus, that claims of duplicity and multiplicity were waived, and that the evidence supported the conviction.
• United States v. Amick
  439 F.2d 351· 7th Cir.· 1971-01-22 ·cited 30×