Legal Opinion

United States v. Mason

Supreme Court of the United States

Decided April 5, 1909No. 642PublishedCited by 21 opinions

ERROR to the district court of the united states for the DISTRICT OF COLORADO. The facts, which involve the construction of §§ 5508 and 5509, Rev. Stat., are stated in the opinion. The facts presented in the special plea do not bring the case within the second jeopardy provision of the Fifth Amendment. This provision applies only to proceedings in United States .courts. The first ten Amendments operate on the. National Government alone.

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ERROR to the district court of the united states for the DISTRICT OF COLORADO. The facts, which involve the construction of §§ 5508 and 5509, Rev. Stat., are stated in the opinion. The facts presented in the special plea do not bring the case within the second jeopardy provision of the Fifth Amendment. This provision applies only to proceedings in United States .courts. The first ten Amendments operate on the. National Government alone. Baryon v.> Baltimore, 7 .Pet.- ,242, 246; Livingston v. Moore, 7 Pet. 468, 551 yFox v. Ohio, 5 How. 410, 434; Smith v. Maryland, 18 How. 71, 76; Withers v.…

1Opinion of the Court

Me. Jústice Harlan

delivered the opinion of the court.

This is a criminal prosecution under §§ 5508 and 5509 of the Revised Statutes. The substantial provisions of each of those sections were reproduced from the act of May 31st, 1870, c. 114, passed for the purpose of enforcing the right of citizens to vote in the several States, and for other purposes.

Those sections are as follows: “ § 5508. If two or more persons conspire to injure, oppress, threaten or intimidate any citizen in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United…

2Cases cited2 opinions

  1. United States v. KeitelSupreme Court of the United States · 1908
  2. Rakes v. United StatesSupreme Court of the United States · 1909

3Cited by21 opinions

  1. United States v. PattenSupreme Court of the United States · 1913
  2. United States v. WilliamsSupreme Court of the United States · 1951
  3. United States v. FrumentoCourt of Appeals for the Third Circuit · 1977
  4. United States v. CastellanoDistrict Court, S.D. New York · 1985
  5. Griffin v. StateIndiana Supreme Court · 1999

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