Ex Parte United States
Supreme Court of the United States
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
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- Neal v. StateSupreme Court of Georgia · 1898
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3Cited by524 opinions
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- Chapman v. United StatesSupreme Court of the United States · 1991
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