Louie v. United States
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Northern Division of the Western District of Washington; Edward E. Cush-man, Judge. Charlie Eouie was indicted for violating Act Cong. Feb. 9, 1909, c. 100, 35 Stat. 614 (Comp. St. 1913, § 8801), entitled “An act to prohibit the importation and use of opium for other than medicinal purposes.”
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In Error to the District Court of the United States for the Northern Division of the Western District of Washington; Edward E. Cush-man, Judge. Charlie Eouie was indicted for violating Act Cong. Feb. 9, 1909, c. 100, 35 Stat. 614 (Comp. St. 1913, § 8801), entitled “An act to prohibit the importation and use of opium for other than medicinal purposes.” Defendant having interposed a plea of former acquittal to certain counts of the indictment, including the second, the United States demurred to the plea, and, the demurrer being sustained, he was found guilty on count 2, and he brings error. By…
1Opinion of the CourtMorrow, Circuit Judge
(after .stating the facts as above).
[1] 1. It is assigned as error that the court sustained the demurrer to the defendant’s plea of former acquittal. The objection to the order of the court presents the question whether upon the face of the record, it appears as matter of law that the offense charged in the second count of the second indictment, upon which the plaintiff in error was tried and convicted, was the same offense as that charged in the first indictment, upon which he had been previously tried and acquitted. The contention is that the offense which it was charged the defendants…
2Cases cited7 opinions
- United States v. WiltbergerSupreme Court of the United States · 1820
- Carter v. McClaughrySupreme Court of the United States · 1902
- Clune v. United StatesSupreme Court of the United States · 1895
- Moore v. United StatesSupreme Court of the United States · 1893
- Alexander v. United StatesSupreme Court of the United States · 1891
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3Cited by11 opinions
- Kelly v. United StatesCourt of Appeals for the Sixth Circuit · 1919
- Curtis v. United StatesCourt of Appeals for the Tenth Circuit · 1933
- Bens v. United StatesCourt of Appeals for the Second Circuit · 1920
- United Mine Workers of America v. Coronado Coal Co.Court of Appeals for the Eighth Circuit · 1919
- United States v. HalbrookDistrict Court, E.D. Missouri · 1941
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