United States v. Kerr
District Court, E.D. Pennsylvania
Indictment. On motions in arrest of judgment and for new trial. The defendant was tried before Hon. John B. McPherson, at the December sessions of the District Court, upon an indictment containing nine counts, charging him. under Rev. St. §§ 8891, 5467 [U. S. Comp.
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Indictment. On motions in arrest of judgment and for new trial. The defendant was tried before Hon. John B. McPherson, at the December sessions of the District Court, upon an indictment containing nine counts, charging him. under Rev. St. §§ 8891, 5467 [U. S. Comp. St. 1901, pp. 2657, 8691], with’ having unlawfully delayed, embezzled, opened, and rilled three certain registered letters, which had come into his custody in the ordinary course of bis duties as a rural letter carrier attached to the post office at Darby, Pa. As to the first and third letters the indictment charged both delaying…
1Opinion of the CourtJ. B. McPHERSON, District Judge
(after stating the -facts as above). Whatever may be said concerning the power of a grand jury in the Pennsylvania courts to find an indictment where the accused has not had a previous hearing before a magistrate, it is clear that no such hearing is necessary in the federal courts. No doubt, a prosecution before these tribunals is ordinarily begun in much the same way as in the criminal courts of the state. Information is laid before a commissioner, who hears the government’s case and thereupon either discharges the accused of holds him to answer; but this preliminary examination is not…
2Cited by6 opinions
- United States v. KellyCourt of Appeals for the Second Circuit · 1932
- Roth v. United StatesCourt of Appeals for the Sixth Circuit · 1923
- United States v. LiebrichDistrict Court, M.D. Pennsylvania · 1932
- United States v. AverettDistrict Court, W.D. Virginia · 1928
- United States v. JenksDistrict Court, E.D. Pennsylvania · 1919
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