Legal Opinion

United States v. Murphy

Court of Appeals for the Eighth Circuit

Decided November 21, 1919No. 5369PublishedCited by 1 opinion

In Error to the District Court of the United States for the District of Wyoming; John A. 'Riner, Judge. Action by the United States against Robert D. Murphy and another. Judgment for defendants, and the United States brings error.

1Opinion of the Court

ELLIOTT, District Judge.

New Moy and Sam Hee, Chinese citizens, were indicted in the district of New Mexico under section 37 of the Penal Code (Act March 4, 1909, c. 321, 35 Stat. 1096 [Comp. St. § 10201]) for conspiracy to violate the Chinese Exclusion Act. They were tried, convicted, and sentenced to imprisonment. Both defendants sued out writs of error to the United States Circuit Court of Appeals for the Eighth Circuit; each giving a supersedeas bond in the sum of $2,000, signed by themselves, with defendants in error in this case, Murphy and Anderson, as sureties. The condition of each of…

2Cases cited3 opinions

  1. Reese v. United StatesSupreme Court of the United States · 1870
  2. Nolan v. GlynnSupreme Court of Iowa · 1918
  3. State v. CandlandUtah Supreme Court · 1902

3Cited by1 opinion

  1. United States ex rel. Eisler v. District Director of Immigration & NaturalizationDistrict Court, S.D. New York · 1949

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