United States v. Moore
U.S. Circuit Court for the District of Alabama
The indictment in question was found at the present term of the court. The plea in abatement briefly stated is, that one of the persons composing the grand jury which found the bill was disqualified to act as such grand juror, because that without duress- and coercion he took up arms against the United States and served in the armies of the Confederate States.
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The indictment in question was found at the present term of the court. The plea in abatement briefly stated is, that one of the persons composing the grand jury which found the bill was disqualified to act as such grand juror, because that without duress- and coercion he took up arms against the United States and served in the armies of the Confederate States. This presents the question as to whether section 820, Rev. St U. S. is now in force as a part of the law of the land. On demurrer to plea.
1Opinion of the Court
BRUCE, District Judge,
in delivering the opinion of the court, said: It is admitted, that this section was not the law on the 1st day of December, 1S73, and it appears that it was section 1 of an act approved June 17, 1862 [12 Stat. 430], and was repealed by section 5 of an act approved April 2, 1871 [17 Stat. 15]. It is claimed that it was reenacted by the adoption of the Revised Statutes of the United States. Section 5595 of the Revised Statutes provides: “The foregoing seventy-three titles embrace the statutes of the United States, general and permanent in their nature, in force on the 1st…
2Cited by1 opinion
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