Humes v. United States
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the Western District of Missouri. John C. Humes was convicted on two indictments for violating provisions of section 5480, Rev. St. 1878 (U. S. Comp. St. 1901, p. 3696), which were brought on for trial under an order of consolidation. Verdicts of guilty were rendered and judgments entered accordingly. T-o reverse these judgments the present writs of error are prosecuted.
1Opinion of the Court
ADAMS, Circuit Judge.
A fundamental question in this case is whether there was a fatal variance between, the charge as madle and the proof as produced.
It is quite doubtful if there is a sufficient exception or assignment of error to compel consideration of this question; but, as it is vital to the defendant -in a case in which personal liberty is involved, we are disposed, under the authority of Wiborg v. United States, 163 U. S. 632, 16 Sup. Ct. 1127, 1197, 41 L. Ed. 289, Clyatt v. United States, 197 U. S. 207, 25 Sup. Ct. 429, 49 L. Ed. 726, and Crawford v. United States, 212 U. S. 183, 29…
2Cases cited11 opinions
- Wiborg v. United StatesSupreme Court of the United States · 1896
- Crawford v. United StatesSupreme Court of the United States · 1909
- Clyatt v. United StatesSupreme Court of the United States · 1905
- Edgington v. United StatesSupreme Court of the United States · 1896
- Commonwealth v. ClearySupreme Court of Pennsylvania · 1890
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Sunderland v. United StatesCourt of Appeals for the Eighth Circuit · 1927
- Kreiner v. United StatesCourt of Appeals for the Second Circuit · 1926
- Pettine v. Territory of New MexicoCourt of Appeals for the Eighth Circuit · 1912
- Sykes v. United StatesCourt of Appeals for the Eighth Circuit · 1913
- Salinger v. United StatesCourt of Appeals for the Eighth Circuit · 1927
9 more not listed; retrieve them via the Exa API.