United States v. Biggs
Supreme Court of the United States
ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE ■ DISTRICT OF COLORADO. The facts are stated in the opinion. Here, as in the coal land cases, the argument is that the court below merely held that the facts charged in the indictment were not within the statute, and therefore the indictment and not the statute was interpreted or construed. That contention, the court in those cases held to be devoid of all merit.
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ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE ■ DISTRICT OF COLORADO. The facts are stated in the opinion. Here, as in the coal land cases, the argument is that the court below merely held that the facts charged in the indictment were not within the statute, and therefore the indictment and not the statute was interpreted or construed. That contention, the court in those cases held to be devoid of all merit. United States v. Keitel, ante, p. 370. As the court below in construing the indictment really construed' the law and merely applied that construction to the indictment, it…
1Opinion of the CourtJustice White
It is adequate to an understanding of the questions which are here necessary to be decided in general terms to say that the indictment against the defendants in error charged them with conspiracy in violation of the second clause of § 5440; Rev. Stat., which makes it criminal to conspire to defraud the United States “in any manner or for any purpose.” The means by which it was contemplated that the United States should be defrauded was charged' in the indictment to have been the unlawful obtaining by purchase under the timber and stone act of public land of the United States in excess of the…
2Cases cited2 opinions
- Williamson v. United StatesSupreme Court of the United States · 1908
- Adams v. ChurchSupreme Court of the United States · 1904
3Cited by27 opinions
- United States v. PattenSupreme Court of the United States · 1913
- United States v. GeorgeSupreme Court of the United States · 1913
- United States v. WrightSupreme Court of the United States · 1913
- Fulbright v. United StatesCourt of Appeals for the Eighth Circuit · 1937
- Worden v. United StatesCourt of Appeals for the Sixth Circuit · 1913
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