Foster v. United States
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Southern Division of the Western District of Washington; Edward K> Cushman, Judge. Leonard Foster and others were convicted of violating the Espión age Act (Act June 15, 1917, c. 30, 40 Stat. 217), and they bring error. The plaintiffs in error were civilian employes for a contractor who was doing work at the Camp Lewis cantonment.
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In Error to the District Court of the United States for the Southern Division of the Western District of Washington; Edward K> Cushman, Judge. Leonard Foster and others were convicted of violating the Espión age Act (Act June 15, 1917, c. 30, 40 Stat. 217), and they bring error. The plaintiffs in error were civilian employes for a contractor who was doing work at the Camp Lewis cantonment. They were indictment in six counts, throe of which charged offenses committed on November 10, 1917, and the others charged offenses committed on November 13, 1917. The first count charges that on -November…
1Opinion of the CourtGirbert, Circuit Judge
(after stating the facts as above). [1, 2] We are of the opinion that the indictment is fatally defective and that the demurrer should have been sustained. The plaintiffs in error had the constitutional- right to be informed of the nature and cause of the accusation against them. To furnish them with that information it was necessary to set forth in the indictment the particular facts and circumstances which rendered them guilty and to malee specific that which the statute states in general. A statutory offense may be so defined that the indictment will, sufficiently charge the violation…
2Cases cited13 opinions
- Armour Packing Co. v. United StatesSupreme Court of the United States · 1908
- United States v. CarllSupreme Court of the United States · 1882
- United States v. HessSupreme Court of the United States · 1888
- United States v. SimmonsSupreme Court of the United States · 1878
- Keck v. United StatesSupreme Court of the United States · 1899
8 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Rose v. United StatesCourt of Appeals for the Ninth Circuit · 1945
- Fed. Sec. L. Rep. P 92,954 United States of America v. Vincent AloCourt of Appeals for the Second Circuit · 1971
- Boykin v. United StatesCourt of Appeals for the Fifth Circuit · 1926
- United States v. SchneidermanDistrict Court, S.D. California · 1951
- Elder v. United StatesCourt of Appeals for the Ninth Circuit · 1944
11 more not listed; retrieve them via the Exa API.