United States v. Evans’s Empirical Analysis
579 F.2d 360 · 1978
Citation profile
3 federal appellate · 2 district ·
How this case has been cited
Cited by 8 later decisions — most recently August 2005
3 federal appellate · 2 district ·
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 Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York · Kilcullen v. United States · United States v. McClain · Lyda v. United States · United States v. Benson
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The trial court told the jury that “converted” meant “to appropriate dishonestly or illegally to one’s own use anything of value.” “Fraud” was defined as “an intentional misrepresentation, concealment, or nondisclosure for the purpose of inducing another, in reliance upon it, to part with something of value or surrender a legal right.” Evans contends that under section 2314 “converted” means only illegal takings. So, he argues, the trial court erred when it included the notion of a dishonest taking. Furthermore, he contends that the trial court was mistaken when it failed to instruct the jury that to “take by fraud” required that damage be done to the defrauded party. Here, however, since the corporation received value for its checks there could be no taking by fraud. The last contention is but a restatement of the challenge to the sufficiency of the evidence. We need not decide whether it is necessary that the government prove that the defrauded property party was deprived of property...., for here there was sufficient evidence to show that the corporation paid money without receiving fingerlings. The corporation was therefore damaged. Assuming, without deciding, that a proper objection was made by Evans to the court’s instructions to the jury (Fed. R.Crim.P.30), Evans’ challenges to those instructions are without merit. As this court said in Lyda v. United States, 279 F.2d 461 (5th Cir.1960), the language of section 2314 “reflects a congressional purpose to reach all ways b”
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.