United States v. Fehrenback
U.S. Circuit Court for the District of Louisiana
The indictment in this case was predicated on section 5440 of the Revised Statutes of the United States, which declares: “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 said parties do any act to effect the object of the conspiracy, all the parties to such conspiracy shall be liable to a penalty of not less than one thousand dollars and not more than…
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The indictment in this case was predicated on section 5440 of the Revised Statutes of the United States, which declares: “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 said parties do any act to effect the object of the conspiracy, all the parties to such conspiracy shall be liable to a penalty of not less than one thousand dollars and not more than ten thousand dollars, and to imprisonment not more than two years.” The indictment charges that the defendants [Edward…
1Opinion of the Court
WOODS, Circuit Judge.
It is claimed for defendants that this prosecution is barred by the statute of limitations. Counsel for defense say that the conspiracy is alleged in the indictment to have been formed on the 8th of April, 1874; that the proof shows that if there was any conspiracy at all, the date laid in the indictment must be the correct one, and that under the statutes of the United States the prosecution is barred if not commenced within two years, and as the indictment was not returned into court until April 8, 1876, more than two years had elapsed between the offense and the…
2Cited by5 opinions
- Thomas v. United StatesCourt of Appeals for the Eighth Circuit · 1907
- United States v. BradfordDistrict Court, E.D. Louisiana · 1905
- United States v. SancheUnited States Circuit Court · 1881
- United States v. ThomasDistrict Court, W.D. Missouri · 1906
- Louisville Trust Co. v. City of CincinnatiU.S. Circuit Court for the District of Southern Ohio · 1896