United States v. Murphy

Third Circuit Court of Appeals

Submitted Nov. 18, 1941.

Decided Nov. 21, 1941.

Rehearing Denied Dec. 17, 1941.

Third Circuit Court of Appeals · decided 1941-11-21

2 counsel of record

Relies on Claassen v. United States · Pierce v. United States · Evans v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1941-11-21

How this case has been cited

Cited by 53 later decisions — most recently March 2010 · most notably Troupe v. Chicago, Duluth & Georgian Bay Transit Co. (1956), Gypsum Carrier, Inc. v. Handelsman (1962)

36 federal appellate · 3 district · 1 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Joseph A. Rossi, of Pittsburgh, Pa., for ■ appellant.

¶2Premo J. Columbus, of Pittsburgh, Pa. (Charles F. Uhl, U. S. Atty., of Pittsburgh, Pa., on the brief), for appellee.

¶3Before CLARK and JONES, Circuit Judges, and GIBSON, District Judge.

¶4PER CURIAM.

¶5The appellant failed to show that the evidence adduced at trial was insufficient to support the jury’s verdict of guilt as to the first, second, third, fifth, seventh and ninth counts of the indictment, any one of the offenses therein charged, except for the ninth count, alone being sufficient to support the general sentence imposed by the court. The presumption of law is that the court sentenced ror tne defendant’s guilt of the sustained counts. Pierce et al. v. United States, 252 U.S. 239, 252, 253, 40 S.Ct. 205, 64 L.Ed. 542; Evans v. United States (No. 2), 153 U. S. 608, 609, 14 S.Ct. 939, 38 L.Ed. 839; Claassen v. United States, 142 U.S. 140, 146, 147, 12 S.Ct. 169, 35 L.Ed. 966.