MacDonald v. United States
Court of Appeals for the Seventh Circuit
Error to tlie District Court of the United States for the Northern District of. Illinois. Indictment of George M. MacDonald, Francis M. Swearingen, and W. H. Stevenson for sending through the mails matter concerning a lottery. Defendants were convicted, and they bring error. The appellants, George M. MacDonald, Francis M. Swearingen, and W. H. Stevenson, were indicted, with others, tried, convicted, and sentenced, for sending through the mails matter concerning a lottery.
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Error to tlie District Court of the United States for the Northern District of. Illinois. Indictment of George M. MacDonald, Francis M. Swearingen, and W. H. Stevenson for sending through the mails matter concerning a lottery. Defendants were convicted, and they bring error. The appellants, George M. MacDonald, Francis M. Swearingen, and W. H. Stevenson, were indicted, with others, tried, convicted, and sentenced, for sending through the mails matter concerning a lottery. Rev. St. U. S. § 3894, as amended (26 Stat. 465). The indictment was returned October 14, 1893. The first count is…
1Opinion of the CourtWoods, Circuit Judge
(after stating the case). The practical effect of the hill of particulars filed with -the first count of the indictment was to confine the prosecution to the more specific charges contained in the second and third counts. If, therefore, there was error in overruling the motion to quash the first count, it became an immaterial and harmless error,—as much so as if the count had been formally dismissed or withdrawn before the case was submitted to the jury.
The objection that the printed matter described in the indictment was adinitted in evidence without previous proof of re*429sponsibility on the…
2Cases cited10 opinions
- Blitz v. United StatesSupreme Court of the United States · 1894
- Crumpton v. United StatesSupreme Court of the United States · 1891
- In Re HenrySupreme Court of the United States · 1887
- Horner v. United StatesSupreme Court of the United States · 1893
- Estis v. TrabueSupreme Court of the United States · 1888
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Greene v. United StatesCourt of Appeals for the Fifth Circuit · 1907
- Grape Creek Coal Co. v. Farmers' Loan & Trust Co.Court of Appeals for the Seventh Circuit · 1894
- People v. McPheeMichigan Supreme Court · 1905
- State ex rel. Hathorn v. United States Express Co.Supreme Court of Minnesota · 1905
- Andrews v. National Foundry & Pipe Works, Ltd.Court of Appeals for the Seventh Circuit · 1896
11 more not listed; retrieve them via the Exa API.