United States v. Hurshman
District Court, D. Washington
At Law. Charles Hnrshman was accused of the offense of unlawfully disposing of spirituous liquor to an Indian, under Rev. St. § 2139, and held to answer therefor by a United States commissioner. Tbe grand jury, being uncertain as to whether or not the facts shown by the testimony of the witnesses for the government brought the case within the statute, made a special presentment of the case.
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At Law. Charles Hnrshman was accused of the offense of unlawfully disposing of spirituous liquor to an Indian, under Rev. St. § 2139, and held to answer therefor by a United States commissioner. Tbe grand jury, being uncertain as to whether or not the facts shown by the testimony of the witnesses for the government brought the case within the statute, made a special presentment of the case. The court., being of the opinion that the presentment contained all the requisites of an indictment, caused the defendant to he arraigned, and required him to plead the reto, which he did, first by a…
1Opinion of the Court
HANFORD District Judge
Although the defendant has been acquitted, and this particular cuse is no longer of importance, the question upon the demurrer is i ew, and merits a concise and precise *544statement and decision in writing. The presentment charged the defendant with having disposed of spirituous li’quor to one James Williams, an Indian of the Nez Perces tribe, who was at the time a regular enlisted soldier in the United States army, on duty with his regiment at Ft. Walla Walla. Section 2139, Bev. St., upon which the prosecution is founded, reads as follows:
“Sen. 2139. No ardent spirits…
2Cited by5 opinions
- Farrell v. United StatesCourt of Appeals for the Eighth Circuit · 1901
- State v. NicollsWashington Supreme Court · 1910
- People v. GebhardMichigan Supreme Court · 1908
- United States v. MillerDistrict Court, D. Nevada · 1901
- United States v. BeltDistrict Court, M.D. Pennsylvania · 1904