United States v. Fox
Supreme Court of the United States
On a certificate of division in opinion between tbe judges of tbe Circuit Court of the United States for the Southern District of New York. In November, 1874, the defendant filed a petition, in bankruptcy in the District Court for the Southern District of New York.
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On a certificate of division in opinion between tbe judges of tbe Circuit Court of the United States for the Southern District of New York. In November, 1874, the defendant filed a petition, in bankruptcy in the District Court for the Southern District of New York. In March, 1876, he was indicted in the Circuit Court for that district for alleged offences against the United States, and, among others, for the offence described in the ninth subdivision of sect. 5132 of the Revised Statutes, which provides that “ every person respecting whom proceedings in bankruptcy are commenced, either upon…
1Opinion of the CourtJustice Field
The question- presented by the certificate of -division does not appear to us difficult' of solution. Upon principle, an act which is not an offence at the time it is committed cannot become-such by any subsequent independent act of the party with which it has .no -connection. By the clause in question, the obtaining of goods on credit upon - false pretences is made an offence against the United States, upon the happening of a subsequent event, not perhaps in the contemplation of the party, and which may be brought about, against his will, by the agency of another. ■ The criminal intent…
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- United States v. Russell KelnerCourt of Appeals for the Second Circuit · 1976
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