U.S. Court of Appeals for the Seventh Circuit, 1924

Schmidt v. United States

U.S. Court of Appeals for the Seventh Circuit · Decided October 14, 1924

2 F.2d 367; 1924 U.S. App. LEXIS 2056 (Federal Reporter, Second Series)

Counsel

L. E. Stone, of Springfield, 111., for plaintiff in error., Gertrude Warner Kindler, of Peoria, 111., for tbe United States.

Cases that cite this one

1 later published case cites this decision.

Poleskey v. United States (7th Cir. 1925)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Tbe information upon which plaintiff in error was convicted was supported by an an insufficient verification, and a reversal is now sought on account thereof. No objection was made to the information during the trial. It is asserted, however, that upon the motion in arrest of judgment this infirmity was pointed out, and, though such act does not appear of record, we accept this statement.

The decision in Farinelli v. United States (C. C. A.) 297 F. 198, covers the question so fully that we feel further discussion of it is unnecessary. The verification may he and is waived by the accused going to trial without objection. See, also, United States v. McDonald (D. C.) 293 F. 433; Abbott Bros. Co. v. United States, 242 F. 751, 155 C. C. A. 339.

The judgment is affirmed.

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