Legal Opinion

Ex Parte United States

Supreme Court of the United States

Decided December 4, 1916No. 11, OriginalPublishedCited by 524 opinions

PETITION FOR WRIT OF MANDAMUS. Upon application of the Government, presented by the Attorney General, a rule was made upon Honorable John M. Killits, Judge of the District Court of the United States for the Northern District of Ohio, directing that he show cause why a writ of mandamus should not issue requiring him. to set aside the order described in the opinion. The case was heard upon the Government’s petition, the respondent’s return, and the Government’s reply.

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PETITION FOR WRIT OF MANDAMUS. Upon application of the Government, presented by the Attorney General, a rule was made upon Honorable John M. Killits, Judge of the District Court of the United States for the Northern District of Ohio, directing that he show cause why a writ of mandamus should not issue requiring him. to set aside the order described in the opinion. The case was heard upon the Government’s petition, the respondent’s return, and the Government’s reply. The facts are stated in the opinion.

1Opinion of the Court

Mr: Chief Justice White

delivered the opinion of the court.

The accused pleading, guilty to an indictment charging him in several counts with embezzling the money of a national bank of which he was an officer and making false entries in its books in violation of § 5209, Revised Statutes, was sentenced to imprisonment in the penitentiary for five years, the shortest term which under the statute could have been imposed upon him. At once at his request over the objection of the United States District Attorney the court ordered “that the execution of the sentence be, and it is hereby suspended,…

2Cases cited51 opinions

  1. Ex Parte BradleySupreme Court of the United States · 1869
  2. People Ex Rel. Forsyth v. . Court of SessionsNew York Court of Appeals · 1894
  3. Commonwealth v. John Dowdican's BailMassachusetts Supreme Judicial Court · 1874
  4. LIFE AND FIRE INS. COMPANY OF NEW YORK v. Wilson's HeirsSupreme Court of the United States · 1834
  5. Neal v. StateSupreme Court of Georgia · 1898

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3Cited by524 opinions

  1. Mistretta v. United StatesSupreme Court of the United States · 1989
  2. Sorrells v. United StatesSupreme Court of the United States · 1932
  3. State v. JohnsonSupreme Court of New Jersey · 1964
  4. Affronti v. United StatesSupreme Court of the United States · 1955
  5. Chapman v. United StatesSupreme Court of the United States · 1991

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