Legal Opinion

Benson v. United States

Court of Appeals for the D.C. Circuit

Decided April 3, 1906No. 1649Published

Hearing on an appeal (specially allowed) from an order of the Supreme Court of the District of Columbia, overruling a demurrer to an indictment for violation of sec. 5451, H. S. Eev. Stat. The facts are sufficiently stated in the opinion.

1Opinion of the CourtJustice McComas

This is a special appeal allowed from an interlocutory judgment of the court below overruling the_ defendant’s demurrer to an indictment for bribery.

The indictment contains eight counts, and is twenty pages in length. In substance, the first count alleges that on January 1st, 1901, and thenceforward until April 1st, 1903, John A. Benson was engaged with Hyde at San Francisco in the business of unlawfully obtaining from the United States the possession of and the title to its public lands, outside of forest reserves, and unlawfully exchanging such public lands for school lands of California…

2Cases cited16 opinions

  1. Pointer v. United StatesSupreme Court of the United States · 1894
  2. Crain v. United StatesSupreme Court of the United States · 1896
  3. Evans v. United StatesSupreme Court of the United States · 1894
  4. Caha v. United StatesSupreme Court of the United States · 1894
  5. United States v. EatonSupreme Court of the United States · 1892

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