Legal Opinion

United States v. Ambrose

United States Circuit Court

Decided May 15, 1880PublishedCited by 16 opinions

Upon demurrer to plea in abatement. The defendant was indicted for presenting a false claim against the government. To the indictment he filed a plea in abatement, setting forth the following grounds why it should be quashed: (1.) The venire for the grand jurors was issued from the circuit court, whereas the application for the same was addressed to the judge of another court having jurisdiction thereof.

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Upon demurrer to plea in abatement. The defendant was indicted for presenting a false claim against the government. To the indictment he filed a plea in abatement, setting forth the following grounds why it should be quashed: (1.) The venire for the grand jurors was issued from the circuit court, whereas the application for the same was addressed to the judge of another court having jurisdiction thereof. (2.) The order of the circuit court directing the venire to issue recites that such order was made upon the application of the district attorney, when in truth no such application was made to…

1Opinion of the Court

Swayne, O. J.

It is proper to remark that the authorities upon the general subject as to how far an indicted party may go behind the indictment, as regards the action of the grand jury, or the questions ho may raise, or the objections he may make, or what objections, if sustained, are fatal, or what are otherwise, are in utter confusion upon the subject.*

I have examined a great number of them, and undoubtedly it may be said that they are in a state of thorough conflict. In a large number of well-considered ad j udicated cases it is held that the same principles are to bo applied. In this…

2Cases cited1 opinion

  1. United States v. ReidSupreme Court of the United States · 1852

3Cited by16 opinions

  1. United States v. MorseDistrict Court, S.D. New York · 1922
  2. Seadlund v. United StatesCourt of Appeals for the Seventh Circuit · 1938
  3. United States v. GreeneDistrict Court, S.D. Georgia · 1902
  4. Hauptman v. United StatesCourt of Appeals for the Ninth Circuit · 1930
  5. Brookman v. United StatesCourt of Appeals for the Eighth Circuit · 1925

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