United States v. Bazzell

8 Citing cases

  1. United States v. Chibbaro

    361 F.2d 365 (3d Cir. 1966)   Cited 26 times
    Holding that because the identity of the scarred perpetrator was contested, the judge's remark upon seeing the unscarred defendant that "[s]cars can be mended" warranted a new trial notwithstanding the judge's charge to the jurors that they were the sole judges of the facts

    While the appellants insist that the court below erred in admitting, for example, the laundry bag and the hat on the ground that there was no proof that the laundry bag and the hat in the Oldsmobile were in fact used by the appellants in the course of the robbery, nonetheless it is our opinion that the identifications of the items admitted were legally sufficient. Caldwell v. United States, 338 F.2d 385 (8 Cir. 1964); Pearson v. United States, 192 F.2d 681 (6 Cir. 1951); United States v. Brazzell, 187 F.2d 878 (7 Cir. 1951), cert. denied, 342 U.S. 849, 72 S.Ct. 73, 96 L.Ed. 641 (1951), rehearing denied, 342 U.S. 889, 72 S.Ct. 171, 96 L. Ed. 667 (1951); White v. United States, 200 F.2d 509 (5 Cir. 1952), cert. denied, 345 U.S. 999, 73 S.Ct. 1142, 97 L.Ed. 1405 (1953), rehearing denied, 346 U.S. 843, 74 S.Ct. 17, 98 L.Ed. 363 (1953). For the sake of brevity further discussion respecting the problems presented by the articles taken from the automobile and admitted in evidence is set out in the footnote.

  2. U.S. v. Minarik

    875 F.2d 1186 (6th Cir. 1989)   Cited 58 times
    In Minarik, the Court determined that "the 'offense' and 'defraud' clauses as applied to the facts" are to be considered "mutually exclusive."

    United States v. Shermetaro, 625 F.2d 104 (6th Cir. 1980); Mertens, The Law of Federal Income Taxation 14, Ch. 55A.10 (1988). And of course numerous cases have recognized that more detailed statutes criminalizing substantive acts, enacted after § 371, do not impliedly repeal or preempt the prohibition on conspiracy to commit those acts contained in § 371. United States v. Little, 753 F.2d 1420 (9th Cir. 1984); United States v. Zang, 703 F.2d 1186 (10th Cir. 1982), cert. denied, 464 U.S. 828, 104 S.Ct. 103, 78 L.Ed.2d 107 (1983); United States v. Tarnopol, 561 F.2d 466 (3d Cir. 1983); United States v. Bazzell, 187 F.2d 878 (7th Cir.), cert. denied sub nom. Lasby v. United States, 342 U.S. 849, 72 S.Ct. 73, 96 L.Ed. 641 reh'g denied, 342 U.S. 889, 72 S.Ct. 171, 96 L.Ed. 667 (1951); Burton v. United States, 175 F.2d 960 (5th Cir. 1949); United States v. Pezzati, 160 F. Supp. 787 (D.Colo. 1958).

  3. United States v. Miller

    508 F.2d 444 (7th Cir. 1974)   Cited 24 times

    The conspiracy remains none the less a crime because by its success an additional crime has been committed. . . . Consequently, the substantive offense is not merged in the charge of conspiracy, . . . and the parties may be punished for their agreement to commit a crime as well as for the completed crime." United States v. Bazzell, 187 F.2d 878, 884 (7th Cir. 1951). Alternatively, the defendants contend that the conspiracy counts cannot stand, asserting that the distinguishing element — the agreement among the defendants to commit the substantive offenses — was not proven. The gist of defendants contention in this regard is that no independent evidence was offered to show the existence of an agreement to violate the Dyer Act, and that the government's evidence was limited to proof of substantive offenses alleged in the indictment.

  4. United States v. Russo

    335 F.2d 299 (7th Cir. 1964)   Cited 14 times

    Dunn v. United States, 1932, 284 U.S. 390, 393, 52 S.Ct. 189, 76 L.Ed. 356, and cases there cited. A verdict of acquittal on one count does not invalidate a verdict of guilty on another count, even where the same evidence is offered in support of each count. United States v. Bazzell, 7 Cir., 1951, 187 F.2d 878, 884, cert. den. 342 U.S. 849, 72 S.Ct. 73, 96 L.Ed. 641, and cases there cited. Defendant's failure to renew at the close of his own evidence, the motion for judgment of acquittal he made at the close of the government's evidence, operated as a waiver of the earlier motion.

  5. UNITED STATES v. DE LUCIA

    262 F.2d 610 (7th Cir. 1959)   Cited 12 times

    " This Court said in United States v. Bazzell, 7 Cir., 1951, 187 F.2d 878, 884: "As to the argument that the verdict is inconsistent, it will be enough to say that where a defendant is charged by two or more counts in an indictment, consistency between the verdicts on the several counts is not necessary. Dunn v. United States, 284 U.S. 390, 52 S.Ct. 189, 76 L.Ed. 356; United States v. Denny, 7 Cir., 165 F.2d 668; and United States v. Coplon, 2 Cir., 185 F.2d 629, 633, 28 A.L.R.2d 1041. A verdict of acquittal on one count does not invalidate a verdict of guilty on another count, although the same evidence is offered in support of each. Garrison v. Hunter, 10 Cir., 149 F.2d 844, 845.

  6. Burns v. United States

    229 F.2d 87 (8th Cir. 1956)   Cited 18 times

    The indictment follows the language of the statute and certainly is not vulnerable to attack in a collateral proceeding. Miller v. United States, 8 Cir., 123 F.2d 715; Langston v. United States, 8 Cir., 153 F.2d 840; United States v. Parker, 3 Cir., 103 F.2d 857; Wheatley v. United States, 4 Cir., 159 F.2d 599; United States v. McGrady, 7 Cir., 191 F.2d 829; United States v. Bazzell, 7 Cir., 187 F.2d 878; Brooks v. United States, 4 Cir., 199 F.2d 336. Because of the seriousness of the offense charged and the fact that the defendant is acting as his own counsel we have not strictly confined our consideration to the issues that may properly be considered in a case of collateral attack but have searched the record and are convinced that the defendant has had a fair trial, that his guilt has been abundantly proven and that there has been no miscarriage of justice.

  7. United States v. Vasen

    222 F.2d 3 (7th Cir. 1955)   Cited 33 times

    Smith v. United States, 9 Cir., 173 F.2d 181. See also Benson v. United States. 5 Cir., 112 F.2d 422, certiorari denied 311 U.S. 644, 61 S.Ct. 43, 85 L.Ed. 411. Thus, in United States v. Bazzell, 7 Cir., 187 F.2d 878, we refused, in our discretion, to find that plain error had occurred. See also United States v. Sferas, 7 Cir., 210 F.2d 69, certiorari denied, Skally v. United States, 347 U.S. 935, 74 S.Ct. 630, 98 L.Ed. 1086; Apodaca v. United States, 10 Cir., 188 F.2d 932. And in United States v. Jones, 7 Cir., 204 F.2d 745, at page 749, certiorari denied 346 U.S. 854, 74 S.Ct. 67, 98 L.Ed. 368 we said, citing United States v. Jonikas, 7 Cir., 187 F.2d 240: "In view of the failure of defendant's counsel to advance the explicit contention here asserted, but `consciously failed to save the point' in the court below, we can not say that the error was obvious.

  8. State v. Smith

    421 N.W.2d 315 (Minn. 1988)   Cited 45 times
    Holding jurisdiction lacking where state failed to prove any part of crime occurred within state

    Jurisdiction depends on where the crime was committed. See United States v. Bazzell, 187 F.2d 878, 882 (7th Cir.) cert. denied 342 U.S. 849, 72 S.Ct. 73, 96 L.Ed. 641, reh'g denied 342 U.S. 889, 72 S.Ct. 171, 96 L.Ed. 667 (1951). Under the concept of territorialism, jurisdiction can exist only in those places where the crime was committed.