United States v. Munday
District Court, W.D. Washington
Charles F. Munday and another were indicted for conspiracy to defraud the United States by illegally obtaining title to 40 contiguous tracts of coal land in the District of Alaska, aggregating 6,087 acres collectively, known as the Stracey Group, and averred to be of the value of $10,000,000. On objection to indictment.
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Charles F. Munday and another were indicted for conspiracy to defraud the United States by illegally obtaining title to 40 contiguous tracts of coal land in the District of Alaska, aggregating 6,087 acres collectively, known as the Stracey Group, and averred to be of the value of $10,000,000. On objection to indictment. After opening statements of counsel had been made to the jury and a witness called on behalf of the government, the defendants interposed the following objection: “Mr. Dorr: If your honor please, at this time the defendants Charles F,. Munday and Archie W. Shiels, and each of…
1Opinion of the CourtNeterer, District Judge
(orally). This objection I think must be overruled.
[1, 2] An “indictment” is a criminal charge returned under the solemnity of an oath by a grand jury charging a person with a violation of' law. There is no act of Congress authorizing amendments to an indictment. The fifth amendment to the Constitution provides that no person shall be prosecuted for an offense, for an infamous crime, except upon indictment.
[3] When this case was first called for trial several years ago, and the government had made its opening statement to the jury and introduced a witness, the defense objected to the…
2Cases cited6 opinions
- Dikes v. MillerTexas Supreme Court · 1859
- Mills v. StateIndiana Supreme Court · 1875
- State v. McPhersonSupreme Court of Iowa · 1859
- Jennings v. CommonwealthMassachusetts Supreme Judicial Court · 1870
- United States v. MundaySupreme Court of the United States · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Responsible Urban Growth Group v. City of KentWashington Supreme Court · 1994
- United States v. SteppDistrict Court, D. Colorado · 1956
- State v. HoytSupreme Court of Missouri · 1930