Dimmick v. United States
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Northern District of California. The plaintiff In error was indicted for violation of the provisions of section 5492 of the Revised Statutes [U. S. Comp.
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In Error to the District Court of the United States for the Northern District of California. The plaintiff In error was indicted for violation of the provisions of section 5492 of the Revised Statutes [U. S. Comp. St. 1901, p. 3705], which is as follows: “Sec. 5492. Every person who, having moneys of the United States in his hands or possession, fails to make deposit of the same with the treasurer, or some assistant treasurer, or some public depositary of the United States, when required so to do by the Secretary of the Treasury, or the head of any other proper department, or by the…
1Opinion of the Court
GILBERT, Circuit Judge,
after stating the case as above, delivered th"* opinion of the court.
It is contended that the indictment does not charge the accused with failure to deposit the money, but merely charges him with failing to deposit it on a specified date, and it is argued that, if the money were deposited on the day before or the day following the specified date, there would be no violation of the law. To answer this it is only necessary to refer to the terms of the statute and the language of the indictment. In the nineteenth count the indictment charges that the money was received by…
2Cases cited7 opinions
- Moore v. United StatesSupreme Court of the United States · 1895
- United States v. EatonSupreme Court of the United States · 1892
- Morrill v. JonesSupreme Court of the United States · 1883
- In Re KollockSupreme Court of the United States · 1897
- Wilkins v. United StatesCourt of Appeals for the Third Circuit · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Steckler v. United StatesCourt of Appeals for the Second Circuit · 1925
- Union Electric Light & Power Co. v. Snyder Estate Co.Court of Appeals for the Eighth Circuit · 1933
- United States v. Bernette Floyd JacksonCourt of Appeals for the Fourth Circuit · 1985
- United States v. AlghazouliCourt of Appeals for the Ninth Circuit · 2008
- Carrignan v. United StatesCourt of Appeals for the Seventh Circuit · 1923
9 more not listed; retrieve them via the Exa API.