Browne v. United States
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. This cause comes here upon writ of error to review a conviction of the plaintiff in error under section 5440, Rev. St. U. S. [U. S. Comp.
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In Error to the District Court of the United States for the Southern District of New York. This cause comes here upon writ of error to review a conviction of the plaintiff in error under section 5440, Rev. St. U. S. [U. S. Comp. St. 1901, p. 3676], which reads as follows: “If two or more-persons conspire either to commit any offense against the United States, or to defraud the United States in any manner or for any purpose, and one or more of such parties do any act to éffect the object of the conspiracy, all the parties to such conspiracy shall be liable to a penalty of not less than $1,000…
1Opinion of the CourtLacombe, Circuit Judge
(after stating the facts). It was sought by plea in abatement to quash the indictment, upon the ground that W. Wickham Smith appeared before the grand jury on April 2, 1903, when the case was presented to that body and indictment *4found.' Tills point was first raised by a motion to quash. Attached to the motion papers was the following document:
• “Department of Justice, Washington, D. C., March 26, 1903.
“W. Wickham Smith, Esq., New York — Sir: You are hereby appointed an assistant to the United States attorney for the Southern district of New York with compensation at the rate of $3,60p per…
2Cases cited8 opinions
- Lewis v. United StatesSupreme Court of the United States · 1892
- Pointer v. United StatesSupreme Court of the United States · 1894
- Blitz v. United StatesSupreme Court of the United States · 1894
- People of the State of N.Y. v. . PowellNew York Court of Appeals · 1875
- Radford v. United StatesCourt of Appeals for the Second Circuit · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Glasser v. United StatesSupreme Court of the United States · 1942
- United States v. Socony-Vacuum Oil Co.Supreme Court of the United States · 1940
- Agnello v. United StatesSupreme Court of the United States · 1925
- Rogers v. United StatesSupreme Court of the United States · 1951
- United States v. HarrisCourt of Appeals for the D.C. Circuit · 1992
25 more not listed; retrieve them via the Exa API.