United States v. Williams
U.S. Circuit Court for the District of Missouri
The indictment charges the defendant, late deputy collector of internal revenue, with the embezzlement of certain public money. The bill was found in the district court, without any preliminary examination, before a magistrate; and after plea in abatement, and replication filed, the case was transferred to this court. It is stated in the indictment that it is found by a grand jury of seventeen jurors.
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The indictment charges the defendant, late deputy collector of internal revenue, with the embezzlement of certain public money. The bill was found in the district court, without any preliminary examination, before a magistrate; and after plea in abatement, and replication filed, the case was transferred to this court. It is stated in the indictment that it is found by a grand jury of seventeen jurors. On the bill appears this indorsement: “Names of 'Witnesses: J. N. Hall, D. L. How.” No other witnesses are named in the indorsement on the bill. The plea in abatement, after the formal part, is…
1Opinion of the Court
DILLON, Circuit Judge.
It is essential to a proper disposition of the motion for a new trial to determine the nature of the plea in abatement. The language of the plea appears above. After carefully considering it, our opinion is that the gravamen of the plea is that the parties named (sustaining the relation to the defendant described therein) “became members of the grand jury which found the bill, at the instance and denomination of the said D. L. How.” All that precedes this averment is introductory, and intended to show why it was improper, and prejudicial to the rights of the defendant…
2Cases cited10 opinions
- State v. OstranderSupreme Court of Iowa · 1865
- People v. JewettNew York Supreme Court · 1829
- Hardin v. StateIndiana Supreme Court · 1864
- People v. JewettNew York Supreme Court · 1831
- Kitrol v. StateSupreme Court of Florida · 1860
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3Cited by7 opinions
- Jackson v. United StatesCourt of Appeals for the Ninth Circuit · 1900
- Bartram v. StateCourt of Special Appeals of Maryland · 1976
- Bartram v. StateCourt of Appeals of Maryland · 1977
- Hopkins v. StateCourt of Special Appeals of Maryland · 1974
- Lawrence v. CommonwealthSupreme Court of Virginia · 1890
2 more not listed; retrieve them via the Exa API.