Fields v. United States
Supreme Court of the United States
ERROR, TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. Thomas M. Fields was indicted in the Supreme Court of the. District of Columbia at the January term, 1905, for embézzlement. Of eight counts in the indictment seven were disposed of by demurrer or by verdict in favor of the defendant. The trial, begun on May 8, and ending May 15, 1905, resulted in a verdict of guilty Under the third count.
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ERROR, TO THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. Thomas M. Fields was indicted in the Supreme Court of the. District of Columbia at the January term, 1905, for embézzlement. Of eight counts in the indictment seven were disposed of by demurrer or by verdict in favor of the defendant. The trial, begun on May 8, and ending May 15, 1905, resulted in a verdict of guilty Under the third count. Motions in arrest of judgment and for a new trial having been overruled, he was sentenced to imprisonment and labor in the penitentiary for five years. The Court of Appeals of the District modified…
1Opinion of the CourtJustice Brewer
The petition for a certiorari must be first considered. A certiorari can be issued only when a writ of error cannot. 26 Stat. 828, sec. 6, last two paragraphs. There have been two or three instances in which, after, a writ of error has been allowed, an application for a certiorari has been filed, the'latter because of doubt whether the former would he. It must not be supposed that because we have before us both a writ of error and an application for certiorari that the rules laid down by this court governing the' latter applications are to be' ignored, and the case held in this court by…
2Cases cited4 opinions
- Smith v. WhitneySupreme Court of the United States · 1886
- United States v. MoreSupreme Court of the United States · 1805
- Chapman v. United StatesSupreme Court of the United States · 1896
- Sinclair v. District of ColumbiaSupreme Court of the United States · 1904
3Cited by12 opinions
- Hamilton-Brown Shoe Co. v. Wolf Brothers & Co.Supreme Court of the United States · 1916
- In Re the Petition of KaufmannNew York Court of Appeals · 1927
- Louisville & Nashville Railroad v. TomlinSupreme Court of Georgia · 1926
- Rosenberg v. CarrollDistrict Court, S.D. New York · 1951
- Anderson v. MoyerDistrict Court, N.D. Georgia · 1912
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