Legal Opinion

United States v. Scott

U.S. Circuit Court for the District of Kentucky

Decided October 7, 1895PublishedCited by 15 opinions

At tlie February term in 1893, Albert Scott, the defendant, was indicted in one indictment containing seven counts for different violations of section 11 of the act of January 16,1883 (22 Stat. 403), entitled “An act to regulate and improve the civil service of the United States.”

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At tlie February term in 1893, Albert Scott, the defendant, was indicted in one indictment containing seven counts for different violations of section 11 of the act of January 16,1883 (22 Stat. 403), entitled “An act to regulate and improve the civil service of the United States.” Section 11 is as follows: “That no senator or representative or territorial delegate of congress, or senator, representative or delegate elect, or any officer or employe of either of said houses and no executive, judicial, military or naval officer of the United States, and no clerk or employe of any department or…

1Opinion of the CourtTaft, Circuit Judge

(after stating facts as above). The first question arising on the demurrer is whether the counts are had for duplicity. Each count charges the defendant with either receiving or soliciting contributions from more persons than one. It is said that under the statute the soliciting or receiving of a single contribution from a single person is a distinct offense, and that when the contributions are received from several persons there are as many different offenses committed. It is a general rule of criminal pleading that the prosecutor is at liberty to charge in a single count as a single offense…

2Cases cited16 opinions

  1. Pointer v. United StatesSupreme Court of the United States · 1894
  2. United States v. GoodingSupreme Court of the United States · 1827
  3. United States v. SimmonsSupreme Court of the United States · 1878
  4. Dunbar v. United StatesSupreme Court of the United States · 1895
  5. United States v. NorthwaySupreme Court of the United States · 1887

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3Cited by15 opinions

  1. Furnace v. StateIndiana Supreme Court · 1899
  2. Minto v. StateAlabama Court of Appeals · 1913
  3. State v. AmesSupreme Court of Minnesota · 1904
  4. Clark v. United StatesCourt of Appeals for the Eighth Circuit · 1914
  5. United States v. MellorDistrict Court, D. Nebraska · 1946

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