Hamner v. United States’s Empirical Analysis
134 F.2d 592 · 1943
Citation profile
15 federal appellate · 2 district · 2 state decisions
How this case has been cited
Cited by 24 later decisions — most recently July 2011
15 federal appellate · 2 district · 2 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.
Relationships
Relies on Wong Tai v. United States · United States v. Behrman · United States v. Solomon Kenofskey · United States v. Britton · Joplin Mercantile Company v. United States
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““We * * * do not think the indictment with sufficient clearness charges a conspiring. Confused allegations of what the defendants did are by a sort of inference sought to be made allegations of what they ■conspired to do, as respects sales of tires without rationing certificates. The next sentence beginning: ‘And the Grand Jurors aforesaid do further charge and present, that in the acquisition of new tires and tubes the defendants made and caused to be made false and fraudulent and ■fictitious bills, receipts and vouchers’, takes an entirely fresh start, and charges another substantive offense rather than any sort of conspiracy. Now the gist of the charge of conspiracy is the agreement to commit an offense against or a fraud •on the United States. An overt act must be done pursuant to the agreement before, under 18 U.S.C.A. § 88 , the crime is complete, but its essence lies in the agreement. That agreement must be distinctly and directly alleged. Inference and implication will not, on demurrer, suffice. Aid cannot be sought in the allegations ■of what was done in pursuance of it. 15 C.J.S., Conspiracy, § 82; 11 Am. Jur., Conspiracy, Sect. 29; Joplin Mercantile Co. v. United States, 238 U.S. 531 , 35 S.Ct. 291 , 59 L.Ed. 705 ; United States v. Britton, 108 U.S. 199 , 2 S.Ct. 531 , 27 L.Ed. 698 . In the present case it is alleged generally that the defendants conspired to commit offenses and frauds, but it is not alleged what offenses and frauds were agreed to be committed. The”
1 later decision quote this exact passage · from the majority““That on or about September 1, 1954, at Davisville, within the District of Rhode Island, said defendants, in a matter within the jurisdiction of the said Department and Agency, knowingly, wilfully and with intent to defraud the United States, falsified, concealed and covered up by trick, scheme and device a material fact, to wit: said defendants misbranded materials delivered to said Agency to indicate that such materials were “Quix” concentrates when in fact they were “Bellaire” beverage base concentrates, an inferior product in quality and price and which could not be used as a substitute thereof. “In violation of Title 18, United States Code, Section 1001 .””
1 later decision quote this exact passage · from the majority““ ‘It is enough to sustain an indictment that the offense be described with sufficient clearness to show a violation of law, and to enable the accused to know the nature and cause of the accusation and to plead the judgment, if one be rendered, in bar of further prosecution for the same offense.’ ” 134 F.2d at 597 .”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.