Opinion · United States District Court
UNITED STATES v. CATROW, (S.D.N.Y. 1922)
7 F.2d 510
- Type
- Opinion
- Court
- United States District Court
- Jurisdiction
- Federal
- Date
- 1922-08-29
- Topic
- general
UNITED STATES v. CATROW, (S.D.N.Y. 1922) 7 F.2d 510 UNITED STATES v. CATROW et al.United States District Court, S.D. New York. August 29, 1922.[fn†] [fn†] Received for publication October 5, 1925.
Citator
UpLaw has not yet analyzed UNITED STATES v. CATROW, (S.D.N.Y. 1922). The absence of a flag is not a finding that it is good law.
UNITED STATES v. CATROW, (S.D.N.Y. 1922)
7 F.2d 510
UNITED STATES v. CATROW et al.
United States District Court, S.D. New York.
August 29, 1922.fn†
Nash Rockwood, of New York City, for defendant Catrow.
Carmody, Roth Mayer, of New York City, for defendant Silver.
Paul A. Zizelman, of New York City, for defendant Steckler.
O'Connor Donnellan, of New York City, for defendant McGowan.
Section 37 embraces:
(1) Conspiracy to commit an offense against the United States.
(2) Conspiracy to defraud the United States.
A conspiracy to commit an offense against the United States is pleaded when it is shown that the plan was to violate the rules of the department made to guard against the liquor traffic. The authority to make such regulations as are pleaded is given by section 13 of title 3 of the Volstead Act (Comp. St. Ann. Supp. 1923, § 10138¾l), and section 15 (section 10138¾n) prescribes the penalty for the violation.
(3) There was a conspiracy to defraud when the purpose was to have permits issued contrary to the regulations, for the purpose of withdrawing intoxicating liquor for beverage purposes.
It is alleged that the defendants knew that the purchases were to exceed the amount of whisky to which Steckler would be entitled under his basic permit and under the regulations, and demurrants criticize the indictment for not setting forth just what he was entitled to purchase. While the amount of overpurchase wouldPage 511have to be shown in proof, and possibly in the pleading of a substantive offense, I cannot see why it is necessary to allege this in an indictment for conspiracy. Suppose the parties got together and formally agreed "to secure the delivery of more than the regulations allowed," and nothing more was said, it ought to be sufficient proof of an illegal conspiracy, if followed by an overt act. If it would be sufficient proof, the pleading should be adequate.
The demurrers are overruled.
- Received for publication October 5, 1925. ↩