United States v. Mescall
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF NEW YORK. Section 9,. chapter 407, Laws of June 10, 1890, 26 Stat. 130-135, known as the Customs Administrative Act, under which defendant was indicted, reads as follows: “That if any owner, importer, consignee, agent, or other person shall make or attempt to make any entry of imported merchandise by means’ of any fraudulent or false invoice, affidavit, letter, paper, or by means of any false…
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF NEW YORK. Section 9,. chapter 407, Laws of June 10, 1890, 26 Stat. 130-135, known as the Customs Administrative Act, under which defendant was indicted, reads as follows: “That if any owner, importer, consignee, agent, or other person shall make or attempt to make any entry of imported merchandise by means’ of any fraudulent or false invoice, affidavit, letter, paper, or by means of any false statement, written or verbal, or by means’ of any false or fraudulent practice or appliance whatsoever, or shall be guilty of…
1Opinion of the Court
Mb. Justice Brewer,
after making the foregoing statement, delivered the opinion of the court. •
It appears that the trial court sustained the demurrer on the ground that, as to the offense charged, the statute, properly construed, does not include the defendant. The case is, therefore, one which may be brought to this court. United States v. Keitel, 211 U. S. 370. But our inquiry is limited to the particular question decided by the court below. Id. 398.
Counsel for defendant invokes what is sometimes known as Lord Tenderden’s Rule, that where particular words of description are followed by…
2Cases cited1 opinion
- United States v. KeitelSupreme Court of the United States · 1908
3Cited by70 opinions
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