Lutz v. Brown

2 Citing cases

  1. In re Hallinan

    43 Cal.2d 243 (Cal. 1954)   Cited 114 times
    Allowing summary disbarment for crime inherently involving moral turpitude, but requiring hearing on issue of moral turpitude if underlying conviction was possible on facts not involving moral turpitude

    [3] Although the problem of defining moral turpitude is not without difficulty (see In re Hatch, 10 Cal.2d 147, 151 [ 73 P.2d 885]; dissenting opinion of Mr. Justice Jackson in Jordan v. De George, 341 U.S. 223, 232 [ 71 S.Ct. 703, 95 L.Ed. 886]; Schmidt v. United States, 177 F.2d 450, 451), it is settled that whatever else it may mean, it includes fraud and that a crime in which an intent to defraud is an essential element is a crime involving moral turpitude. ( Jordan v. De George, supra, 341 U.S. 223, 227; United States v. Reimer, 113 F.2d 429, 431; United States v. Day, 51 F.2d 1022; In re Crane [Cal.], 189 P. 1072; see also Ex Parte Wall, 107 U.S. 265, 273 [ 2 S.Ct. 569, 27 L.Ed. 552]; People v. Wisecarver, 67 Cal.App.2d 203, 208 [ 153 P.2d 778].) [4] It is also settled that the related group of offenses involving intentional dishonesty for purposes of personal gain are crimes involving moral turpitude.

  2. State v. Riddle

    213 Ala. 430 (Ala. 1925)   Cited 14 times
    In State v. Riddle, 213 Ala. 430, 105 So. 259 (1925), the Supreme Court of Alabama addressed a situation where an attorney was convicted of a felony in the United States District Court.

    Turning, now, to the adjudications opposed to respondent's contention, we find that six state courts have specifically held, in proceedings for disbarment under statutes substantially like or identical with ours, that conviction of any of the designated crimes in a federal court is within the terms of the state disbarment statute: California. — In re O'Connell, 184 Cal. 584, 194 P. 1010 (conspiracy to violate the United States Espionage Act); In re Crane, 189 P. 1072 (using the United States mails to defraud); Barnes v. District Court of Appeals, 178 Cal. 500, 173 P. 1100 (mailing obscene and lascivious letter); In re Shepard, 35 Cal.App. 492, 170 P. 442 (conspiring to smuggle opium into United States). Idaho. — In re Kerl, 32 Idaho, 737, 188 P. 40, 8 A.L.R. 1259 (disloyal acts while country at war); In re Hofstede, 31 Idaho, 448, 173 P. 1087 (obstructing registration for military service during war).