Legal Opinion

Selvester v. United States

Supreme Court of the United States

Decided April 25, 1898No. 397PublishedCited by 105 opinions

ERROR TO THE DISTRICT COURT OE THE UNITED STATES FOR THE NORTHERN DISTRICT OF CALIFORNIA. The plaintiff in error was indicted for alleged violations of section 5457 of the Revised Statutes. The indictment contained four counts.

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ERROR TO THE DISTRICT COURT OE THE UNITED STATES FOR THE NORTHERN DISTRICT OF CALIFORNIA. The plaintiff in error was indicted for alleged violations of section 5457 of the Revised Statutes. The indictment contained four counts. The first charged the unlawful possession of two counterfeit half dollars; the second,- an illegal passing and uttering of two such pieces; the third, an unlawful passing and uttering of three pieces of like nature, and the fourth, the counterfeiting of five like coins. The case came on for trial, and, after the jury had retired,'they returned into court and stated…

1Opinion of the CourtJustice White

The assignments of error challenge the sufficiency of the verdict to support the judgment which was entered thereon. The claim is that as the verdict expressed the agreement of the jury as to the guilt of the accused as to the distinct crimes charged, in three of the- counts, and stated a disagreement as to the distinct crime covered by the fourth count, the. verdict was not responsive to the whole indictment, and was void. That is to say, the proposition is that the verdict of guilty as to the separate offences covered by the three first counts was in legal intendment no verdict at all,…

2Cases cited4 opinions

  1. Claassen v. United StatesSupreme Court of the United States · 1891
  2. Dealy v. United StatesSupreme Court of the United States · 1894
  3. Putnam v. United StatesSupreme Court of the United States · 1896
  4. Ballew v. United StatesSupreme Court of the United States · 1895

3Cited by105 opinions

  1. United States v. PowellSupreme Court of the United States · 1984
  2. Dunn v. United StatesSupreme Court of the United States · 1932
  3. Sattazahn v. PennsylvaniaSupreme Court of the United States · 2003
  4. United States v. Antonelli Fireworks Co.Court of Appeals for the Second Circuit · 1946
  5. Stone v. Superior CourtCalifornia Supreme Court · 1982

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