Legal Opinion

United States v. Lyles

U.S. Circuit Court for the District of District of Columbia

Decided October 15, 1834PublishedCited by 14 opinions

The indictment charged that the defendant [Thomas W. Lyles], “intending to disturb the peace of the United States in the said county, and parfcularly to cause and procure a certain James Jack, in the peace of God and of the United States then and there being, to be assaulted and beaten, did persuade, instigate, and incite and endeavor to hire and employ a certain Daniel Fowler and a certain Philip Vernon then and there being, to waylay, assault, and beat the said James Jack…

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The indictment charged that the defendant [Thomas W. Lyles], “intending to disturb the peace of the United States in the said county, and parfcularly to cause and procure a certain James Jack, in the peace of God and of the United States then and there being, to be assaulted and beaten, did persuade, instigate, and incite and endeavor to hire and employ a certain Daniel Fowler and a certain Philip Vernon then and there being, to waylay, assault, and beat the said James Jack then and there being, so that the said James Jack was hindered by the said attempts and endeavors, from going about his…

1Opinion of the Court

THE COURT (MOB SELL, Circuit Judge, not very clear, and THRUSTON, Circuit Judge, doubting, CRANCH, Chief Judge, not doubting)

was of opinion that it is an indictable offence, and overruled the motion in arrest.

See Chit. Gen Prac. Append. ii„ that an attempt to commit a m’Sdemeanor created by statute, is itself a misdemeanor. Rex v. Butler, 6 Car. & P. 368.

2Cited by14 opinions

  1. Norris v. DoniphanCourt of Appeals of Kentucky · 1863
  2. People v. . BlivenNew York Court of Appeals · 1889
  3. Mulligan v. PeopleSupreme Court of Colorado · 1920
  4. New Amsterdam Casualty Co. v. National Union Fire Insurance Co. of PittsburghNew York Court of Appeals · 1935
  5. State v. SchleiferSupreme Court of Connecticut · 1923

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