Ebeling v. Morgan
Supreme Court of the United States
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF KANSAS. The facts, .which involve the construction of § 189, Penal Code, and the validity of separate convictions thereunder for separate offenses of cutting open more than one mail bag, are stated in the opinion. The court had no jurisdiction to impose more than one sentence. § 189, Crim.
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APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF KANSAS. The facts, .which involve the construction of § 189, Penal Code, and the validity of separate convictions thereunder for separate offenses of cutting open more than one mail bag, are stated in the opinion. The court had no jurisdiction to impose more than one sentence. § 189, Crim. Code; Crepps v. Durden, Cowper, 640; In re Snow, 120 U. S. 283; In re Nielsen, 131 U. S. 176; Halligan v. Wayne, 179 Fed. Rep. 112; Munson v. McClaughry, 198 Fed. Rep. 72; Stevens v. McClaughry, 207 Fed. Rep. 18; O’Brien v. McClaughry,…
1Opinion of the CourtJustice Day
The appellant, Ebeling, was convicted in the United States District Court for the Eastern District of Missouri of violations of § 189 of the Criminal Code. The indictment contains seven counts. The second, third, fourth, fifth, sixth and seventh charge that, on the twenty-first ■day of January, 1910, said Ebeling did wilfully, knowingly and feloniously tear, cut, and injure a certain bag then and there used for the conveyance of mails of the United States, each count describing the mail pouch so torn, cut, and injured by its lock and rotary number, and in each count it was alleged that the…
2Cases cited2 opinions
- Gavieres v. United StatesSupreme Court of the United States · 1911
- In Re SnowSupreme Court of the United States · 1887
3Cited by261 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- Brown v. OhioSupreme Court of the United States · 1977
- Whalen v. United StatesSupreme Court of the United States · 1980
- United States Ex Rel. Marcus v. HessSupreme Court of the United States · 1943
- Sanabria v. United StatesSupreme Court of the United States · 1978
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