Legal Opinion

United States v. Stever

Supreme Court of the United States

Decided December 4, 1911No. 448PublishedCited by 40 opinions

ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR t „ THE- WESTERN DISTRICT OF KENTUCKY. The facts, which involve the. construction of §§ 3894 and 5480,.Rev. Stát., and what constitute offenses thereunder, are stated in the opinion. Upon this writ of error the Government seeks only to have reviewed the correctness of the court’s ruling as to the scope of § 3894, and the validity of the first count.

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ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR t „ THE- WESTERN DISTRICT OF KENTUCKY. The facts, which involve the. construction of §§ 3894 and 5480,.Rev. Stát., and what constitute offenses thereunder, are stated in the opinion. Upon this writ of error the Government seeks only to have reviewed the correctness of the court’s ruling as to the scope of § 3894, and the validity of the first count. Section 3894 is not limited either in its terms or by necessary implication to lottery schemes. The clause “or concerning schemes devised for the purpose of obtaining money or property under…

1Opinion of the CourtJustice Lurton

This is a writ of error to review a judgment quashing an •indictment as not stating an offense triable in the Western District of' Kentucky. The indictment contained two counts. The first is dráwn to bring, the offense within § 3894, Revised Statutes, as amended, and the second is based upon § 5480, Revised Statutes, and is for a conspir acy to commit the offense charged in the first count. The Government now concedes that the latter count states no offense within the Western District of Kentucky and withdraws the. assignments of error relating to the-judgment quashing it.

The count to be…

2Cases cited1 opinion

  1. Durland v. United StatesSupreme Court of the United States · 1896

3Cited by40 opinions

  1. Salinger v. LoiselSupreme Court of the United States · 1924
  2. Badders v. United StatesSupreme Court of the United States · 1916
  3. Harrison v. United StatesCourt of Appeals for the Sixth Circuit · 1912
  4. United States v. SveteCourt of Appeals for the Eleventh Circuit · 2009
  5. Bettman v. United StatesCourt of Appeals for the Sixth Circuit · 1915

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