Easterday v. McCarthy
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Petition by Wilen W. Easterday and others against Thomas D. McCarthy, as United States Marshal, for writs of habeas corpus. From ordei's of the District Court (250 Fed. 800), discharging writs previously issued, petitioners appeal.
1Opinion of the Court
HOUGH, Circuit Judge.
By the Code of Law of the District of Columbia, §§ 869a, 869b, enacted by Congress March 1, 1909 (35 Stat. 670, c. 233), it is a criminal offense to keep a “bucket shop” within the District. No statute, applicable solely to the District creates or defines the offense of conspiracy. The relators appellants may (for purpose of argument) be assumed never at any time to have been within said District.
The Criminal Code of the United States (Act March 4, 1909, c. 321, 35 Stat. 1088), does create and define the crime of conspiracy in its section 37 (Comp. St. § 10201), and…
2Cases cited11 opinions
- Hyde v. United StatesSupreme Court of the United States · 1912
- Downes v. BidwellSupreme Court of the United States · 1901
- Shoemaker v. United StatesSupreme Court of the United States · 1893
- Crawford v. United StatesSupreme Court of the United States · 1909
- Benson v. HenkelSupreme Court of the United States · 1905
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3Cited by8 opinions
- United States v. Trenton Potteries Co.Supreme Court of the United States · 1927
- Gratz v. ClaughtonCourt of Appeals for the Second Circuit · 1951
- Ex parte SalingerCourt of Appeals for the Second Circuit · 1923
- Trenton Potteries Co. v. United StatesCourt of Appeals for the Second Circuit · 1924
- United States v. PetroneDistrict Court, D. New Jersey · 1937
3 more not listed; retrieve them via the Exa API.